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Patna High Court

Nunubabu PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing regular bail to the petitioner.

Summary

Nunubabu Paswan applied for regular bail in a case registered under Sections 109(1), 351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act, alleging that he was falsely implicated after allegedly firing on an informant and injuring his ribs. The prosecution opposed bail, emphasizing the seriousness of the alleged assault with a firearm. The petitioner’s counsel highlighted his prior criminal antecedents, current custody since 16‑09‑2025, and willingness to cooperate with the trial. The court examined the gravity of the charges and the prosecution’s evidence, finding no sufficient ground to grant bail at this stage. Consequently, the bail application was dismissed, though the petitioner was permitted to file a fresh bail petition if the trial is unduly delayed.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged firing on an informant under Sections 109(1), 351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act
  • Whether the petitioner’s claim of false implication and his prior antecedents affect the bail decision

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Section 109
  • Section 351
  • Section 3
  • Section 27
  • false implication
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19393 of 2026
                        Arising Out of PS. Case No.-14 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Nunubabu Paswan S/o- Ramchandra Paswan Village- Bajitpur, Ward No- 45
                 PS- Lakho Distt- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rambabu Yadav, Advocate
                 For the Opposite Party/s :        Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Lakho

                   P.S. Case No. 14/2025 registered for the offences punishable

                   under Sections 109(1), 351(2), 3(5) of B.N.S. and Section 27 of

                   Arms Act.

                                3. As per the prosecution case, petitioner is alleged to

                   have fired upon the informant which hit his ribs.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has two criminal antecedents in

                   which he is on bail and he is in custody since 16.09.2025. The

                   petitioner undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.19393 of 2026(2) dt.29-04-2026
                                                          2/2




                        for regular bail of the petitioner on the ground that petitioner

                        had fired upon the victim.

                                      6. Considering the allegations levelled against the

                        petitioner, this Court is not inclined to grant bail to the

                        petitioner.

                                      7. Accordingly, this application stands dismissed with

                        liberty to the petitioner to renew his prayer for bail, if trial is

                        delayed by the prosecution.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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