Patna High Court
Nandan Kumar Paswan @ Aditya Kumar @ AdityaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner, finding no sufficient ground to deny bail.
Summary
The petitioner, Nandan Kumar Paswan, applied for regular bail in a case registered under sections of the Bihar Narcotic Substances Act and the Arms Act, where eight to nine miscreants allegedly intercepted a bus, quarrelled and fired shots causing injuries. The prosecution’s case is based on the actions of the miscreants, while the petitioner asserts he is innocent, not named in the FIR, and was implicated solely through a co‑accused’s confessional statement with no material recovered from him. He also highlighted that similarly situated co‑accused have been granted bail by the same court and disclosed a prior criminal antecedent for which he is already on bail. The State opposed the bail on grounds of the seriousness of the offences and the petitioner’s criminal history. After considering the submissions and the lack of direct evidence against the petitioner, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, allowing the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite being implicated solely through a co‑accused’s confession and having a prior criminal antecedent.
- Whether the nature of the offences under the Bihar Narcotic Substances Act and the Arms Act warrants denial of bail.
- Whether the bail granted to co‑accused in similar cases is determinative for the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act — s. 109, 115(2), 126(2), 3(5)
Subjects
- regular bail
- Bihar Narcotic Substances Act
- Arms Act
- co‑accused confession
- criminal antecedent
- bail jurisprudence
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18853 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Nandan Kumar Paswan @ Aditya Kumar @ Aditya S/O Shashi Kumar @
Ramprit Paswan R/O Vill.- Balua (Valuaa), P.S- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Ms. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 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 Arariya Sangram P.S.
Case no. 12 of 2025 registered under Sections 115(2), 126(2),
109 and 3(5) of the B.N.S. and Sections 25(1-b)a, 26, 27, 35 of
the Arms Act.
3. As per the prosecution case, 8-9 miscreants riding
three motorcycles intercepted a bus and started quarreling.
When Md. Badal, Pintu and other persons who were sitting at
the tea shop tried to pacify the matter, thereafter, 5-6 miscreants
went from there and 2-3 miscreants started quarreling with
Badal and Pintu, in the meantime, one miscreant called his
friend and fired 2-3 times due to which informant sustained
Patna High Court CR. MISC. No.18853 of 2026(2) dt.25-03-2026
2/3
bullet injury on his leg and Md. Alim sustained bullet injury on
his hand. Thereafter, the injured were taken to hospital
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. The petitioner is not named in the F.I.R. and his name
has transpired in this case merely on the basis of confessional
statement of the co-accused. It is further submitted that nothing
has been recovered from the conscious possession of the
petitioner and there is general and omnibus against him. It is
also submitted that similarly situated co-accused persons have
been granted the privilege of bail by a co-ordinate Benches of
this Court vide orders dated 02.09.2025 and 12.03.2026 passed
in Cr. Misc. Nos. 59478 of 2025 and Cr. Misc. No. 14041 of
2026 respectively. It is lastly submitted that the petitioner has
one criminal antecedent in which he is on bail and is in custody
since 12.12.2025.
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 circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.18853 of 2026(2) dt.25-03-2026
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with two sureties of the like amount each to the satisfaction of
learned Court concerned, Madhubani, in connection with
Arariya Sangram P.S. Case no. 12 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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