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Patna High Court

Bipin PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied because the allegation is direct and the trial has already commenced.

Summary

The petitioner, Bipin Paswan, was arrested in connection with a case of celebratory firing in which he is alleged to have shot the father‑in‑law of the informant. The charges are under Section 103(1) of the BNS and Section 27 of the Arms Act. He applied for bail before the Patna High Court, arguing that he is entitled to liberty pending trial. The Court noted that the allegation is direct, the trial has already commenced, and therefore it was not inclined to grant bail at this stage. Consequently, the bail application was rejected, with the Court directing that the petitioner may renew the prayer after nine months if the trial remains pending. The Court also clarified that its observations are prima facie and limited to the bail application, without prejudice to the merits of the case.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances of a direct allegation and an ongoing trial.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • celebratory firing
  • trial commencement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16680 of 2026
                        Arising out of PS. Case No.-57 Year-2025 Thana- GHOSWARI District- Patna
                 ======================================================
                 Bipin Paswan S/o Mahendra Paswan R/o Village - Ishanagar, P.S - Ghoswari,
                 District - Patna
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rudal Singh, Advocate
                 For the Opposite Party/s :        Mr.Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Ghoswari P.S. Case No.

                   57 of 2025 registered for the offences punishable under Sections

                   103(1) of the BNS and section 27 of Arms Act.

                               3. The allegation is that in a case of celebratory firing,

                   the petitioner is said to have shot the father-in-law of the

                   informant.

                               4. Considering the direct allegation against the

                   petitioner and that the trial has commenced, this Court is not

                   inclined to grant bail to the petitioner.

                                5. Accordingly, the prayer for bail of the

                   petitioner is rejected.

                                6. The petitioner may renew his prayer for

                   bail after nine months if the trial is not concluded.
                      Patna High Court CR. MISC. No.16680 of 2026(3) dt.07-05-2026
                                         2/2




                     7. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of          adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                         (Ansul, J)
Vikash/-

U      T


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