Patna High Court
Rahul Kumar @ Rahul Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court enlarges the petitioner on bail.
Summary
The petitioner, Rahul Kumar Paswan, sought bail for offences under Sections 103(1) and 61(2)(a) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, arising from a shooting incident on 20‑08‑2024 that resulted in the death of Pankaj Ray. The FIR named other assailants, and the petitioner’s name appeared only in the confessional statements of co‑accused persons, not in the FIR itself. The petitioner argued that he was falsely implicated and highlighted that a co‑accused with a similar evidentiary profile had been granted bail in Cr. Misc. No.1223 of 2026. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a Rs.10,000 bond with two sureties and to cooperate with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Arms Act
- Whether the petitioner’s alleged involvement, based solely on co‑accused confessional statements, warrants continued detention
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 61(2)(a)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- confessional statements
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14704 of 2026
Arising Out of PS. Case No.-597 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Rahul Kumar @ Rahul Kumar Paswan, Son of Balindra Paswan, Resident of
Village- Chak Baladhari, P.S.- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Hajipur Sadar P.S. Case No. 597 of 2024 registered for the
offence punishable under Sections 103(1), 61(2) (a) of the
B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution in short is that on
20.08.2024 at about 07:45 PM, two unknown persons came out
at the place of occurrence and fired upon the father of the
informant due to that he sustained injuries and subsequently, he
died. It is further alleged that at the time of incident some other
accused persons were also present. It is further mentioned in the
FIR that just before the death of Pankaj Ray, he named Angu @
Mayank, Badal Kumar and Naveen Billa as assailant.
Patna High Court CR. MISC. No.14704 of 2026(2) dt.25-02-2026
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4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the name of
this petitioner is not there in the FIR rather his name has
surfaced during the course of investigation in the confessional
statement of co-accused persons namely, Adarsh Kumar, Ankit
Kumar, Deepak Kumar and Priyanshu Kumar. He further
submits that similarly situated other co-accused namely, Nitesh
Kumar whose name has also surfaced during investigation in the
confessional statement of the co-accused persons has been
granted bail by this Court vide Cr. Misc. No.1223 of 2026. The
case of this petitioner stands on similar footing. Moreover, the
petitioner is languishing in judicial custody since 20.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.14704 of 2026(2) dt.25-02-2026
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of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Vaishali in connection with Hajipur Sadar
P.S. Case No. 597 of 2024 with the condition that petitioner
shall cooperate in the trial.
(Ashok Kumar Pandey, J)
lata/-
U T
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