Patna High Court
Jagdip Paswan @ Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Jagdip Paswan, was arrested on 5 October 2025 in connection with FIR dated 3 October 2025 alleging conspiracy to shoot and murder the son of an informant, under Sections 103(1) and 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act. The FIR contains a direct allegation of firing against co‑accused Mohit Paswan, but no specific allegation of any overt act, assault or firing is made against the petitioner. The petitioner’s counsel submitted that he has a clean antecedent and was falsely implicated. The State opposed the bail application. The Court examined the lack of specific charge against the petitioner and his clean record, and held that bail could be granted. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and subject to several conditions, including cooperation with the trial and non‑tampering with evidence. The bail order was made without delay for verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the FIR alleging conspiracy to murder.
- Whether the absence of a specific allegation of an overt act against the petitioner and his clean antecedent justify bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- conspiracy
- murder
- Arms Act
- clean antecedent
- Section 103
- Section 61
- Section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16181 of 2026
Arising Out of PS. Case No.-1045 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Jagdip Paswan @ Karan Kumar S/o- Late Ramikbal Paswan @ Rameqbal
Paswan R/v- Bhusunda Ps- Gaya Muffasil Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Aryan Singh, learned counsel for the
petitioner and Mr. Harendra Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
05.10.2025, in connection with Gaya Muffasil P.S. Case No.
1045 of 2025, F.I.R. dated 03.10.2025 registered for the
offences punishable under Sections 103(1) and 61(2) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he along
with other co-accused persons in conspiracy shot informant’s
son and murdered him.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. It appears from the F.I.R. that
F.I.R. is in two parts, in first part, there is specific and direct
allegation of firing to the son of the informant attributed against
Patna High Court CR. MISC. No.16181 of 2026(2) dt.12-03-2026
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co-accused person namely Mohit Paswan and in second part, the
name of the petitioner indicated in the F.I.R. suggesting that the
petitioner and other co-accused person have threatened the son
of the informant. Learned counsel for the petitioner further
submits that it appears from the F.I.R. that there is no specific
allegation of any assault or overt act or firing attributed against
the petitioner and there is specific allegation of firing is againt
co-accused person, namely, Mohit Paswan. He further submits
that the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 05.10.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is no specific allegation of any assault or overt act or firing
against the petitioner rather there is specific allegation of firing
is against co-accused person, namely, Mohit Paswan, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Gaya in connection with Gaya Muffasil
Patna High Court CR. MISC. No.16181 of 2026(2) dt.12-03-2026
3/3
P.S. Case No. 1045 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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