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Patna High Court

Jagdip Paswan @ Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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