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Patna High Court

Pinku PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Pinku Paswan applied for regular bail in a case registered under Sections 103(1), 238, 3(5) of the B.N.S. and Section 27 of the Arms Act, alleging he was falsely implicated in the murder of an informant's nephew. The prosecution alleged that Paswan and six co‑accused killed the nephew and concealed the body. The petitioner argued there was no eye‑witness, the evidence was hearsay, the post‑mortem did not match the alleged weapon, and he had no prior criminal record. The State opposed bail, citing the seriousness of the offences. After considering the submissions and the lack of substantive evidence, the court ordered that Paswan be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, and the application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the nature of the offences under the B.N.S. and Arms Act
  • Whether the evidentiary material (absence of eye‑witness, reliance on hearsay, post‑mortem findings) justifies granting bail

Legislation cited

Subjects

  • bail
  • regular bail
  • murder
  • hearsay evidence
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18307 of 2026
                         Arising Out of PS. Case No.-22 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Pinku Paswan Son of Late Yogendra Paswan Resident of Village- Manday
                 Akhara Par, Bahri Begampur ,PS- Bypass, Distt -Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jay Ram Prasad, Adv
                 For the Opposite Party/s :       Mr.Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   04-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Bypass P.S. Case No. 22

                   of 2025 registered for the offences punishable under Sections

                   103(1), 238, 3(5) of the B.N.S. and 27 of the Arms Act.

                                3. As per the prosecution case, it has been alleged that

                   informant used to live in Delhi in connection with her

                   livelihood. It is alleged that, on 18.01.2025 at 08:00 P.M.,

                   informant got a telephonic call from a boy from her native

                   village that her nephew, Nitish Kumar, has been murdered. On

                   such information, she returned back to village on 19.01.2025

                   and came to know from the nearby people that the nephew of

                   the informant, who was accused in the murder case of Jasveer
Patna High Court CR. MISC. No.18307 of 2026(3) dt.04-05-2026
                                            2/3




          Paswan, was killed by petitioner and six other named co-

          accused persons. It is alleged that his nephew was caught and

          was lured with wine so that his name would be cleared from that

          case and since then he never came back, his nephew was

          murdered by means of bullet in an open field, and to conceal his

          dead body, the same was kept in a bag.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that there is no eye

          witness to the alleged occurrence of the murder, the basis of

          suspicion is based upon the hearsay material against the

          petitioner. It has further been submitted that since the deceased

          nephew of the informant was accused in the murder of

          petitioner’s son namely Jasveer Paswan, petitioner has been

          falsely implicated. It has further been submitted that the post

          mortem report does not corroborate the injury sustained by the

          deceased nephew of the informant as, the nature of weapon used

          in the crime is opined to be by hard and blunt substance. It has

          further been submitted that charge has been framed in this case

          against the petitioner and petitioner is ready to co-operate in the

          trial. It has lastly been submitted that the petitioner has got no

          criminal antecedent and is in custody since 20.01.2025.
             Patna High Court CR. MISC. No.18307 of 2026(3) dt.04-05-2026
                                                         3/3




                                    5. Learned APP for the State has vehemently opposed

                       the prayer for bail of the petitioner.

                                    6. Considering the aforesaid submissions of the

                       parties and taking into account the facts and circumstance of the

                       case, let the petitioner above-named, be enlarged on bail on

                       furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       learned Court concerned, in connection with Bypass P.S. Case

                       No. 22 of 2025.

                                    7. The application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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