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Patna High Court

Nandan Kumar Paswan @ Aditya Kumar @ AdityaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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/-

U         T


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