Patna High Court
Pinku PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 238, 3(5)
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
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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/-
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