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Patna High Court

Sashi Kumar @ Sashibhushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners with a bond of Rs.10,000 each and stipulated conditions for cancellation.

Summary

The petitioners, Sashi Kumar, Vijay Paswan and Ajay Paswan, were arrested in connection with a case registered under multiple sections of the BNS, 2023 and Section 27 of the Arms Act. They sought regular bail, arguing that the FIR specifically implicated another accused, Raj Kumar, and that no direct allegation of firing or assault was made against them. The State opposed bail on the ground that the petitioners might abscond. The Court, after hearing both sides, ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions that the trial court may cancel the bail if they attempt to delay framing of charge or trial. The order also specified that the bailors must be close relatives or, in one case, the petitioner's son.

Issues considered

  • Whether regular bail should be granted to the petitioners accused under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 117(2), 109(1), 352, 351(3), 103 of the BNS, 2023 and Section 27 of the Arms Act.
  • Whether the petitioners pose a risk of absconding or tampering with the trial process.

Legislation cited

  • Arms Act — s. 27
  • BNS, 2023 — s. 103, 109(1), 115(2), 117(2), 118(2), 126(2), 190, 191(2), 191(3), 351(3), 352

Subjects

  • regular bail
  • criminal procedure
  • BNS 2023
  • Arms Act
  • surety
  • abscondment
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19799 of 2026
                    Arising Out of PS. Case No.-168 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
           1.     Sashi Kumar @ Sashibhushan Kumar S/o Ashok Paswan R/o Village -
                  Goraipur, P.S.- Nagarnausa, District - Nalanda
           2.    Vijay Paswan S/o Banke Paswan R/o Village - Goraipur, P.S.- Nagarnausa,
                 District - Nalanda
           3.    Ajay Paswan S/o Banke Paswan R/o Village - Goraipur, P.S.- Nagarnausa,
                 District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Apurv Harsh
                 For the Opposite Party/s :      Mr. Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in connection with

                   Nagarnausa P.S. Case No. 168 of 2025 registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 118(2), 117(2), 109(1), 352, 351(3) and 103 of the BNS,

                   2023 read with Section 27 of the Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of two cases, petitioner no. 2 and

                   3 have antecedent of one case and are in custody since

                   03.02.2026. It is further submitted that similar situated co-
Patna High Court CR. MISC. No.19799 of 2026(2) dt.11-05-2026
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          accused Ashok Paswan had approached this Court seeking

          regular bail by filing Cr. Misc. No.76980/2025 and the same

          came to be allowed by an order dated 17.11.2025 passed by a

          learned coordinate Bench. It is further submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that a minor on account of firing died during course of treatment

          but then specific allegation of firing is against Raj Kumar and

          no specific allegation of assault of firing is alleged against the

          petitioners.

                       4. Learned A.P.P. for the State opposes the regular bail

          application and submits that if privilege of regular bail is

          granted to the petitioners, the petitioners will abscond, on

          which, the learned counsel appearing on behalf of the petitioners

          submits that petitioners will not abscond rather will cooperate in

          the trial to prove their innocence.

                       5. After hearing the learned counsel for the parties, the

          petitioners above-named, are directed to be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each

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

          the learned trial court where the case is pending/successor court

          in connection with Nagarnausa P.S. Case No.168 of 2025.

                       6. Further, one of the bailors of the petitioner no.1
             Patna High Court CR. MISC. No.19799 of 2026(2) dt.11-05-2026
                                                         3/3




                       shall be his close relative, one of the bailors of the petitioner

                       no.2 shall be his close relative and one of the bailors of the

                       petitioner no.3 shall be his son, namely, Chotu Kumar

                                    7. It is made clear that if the learned trial court comes

                       to a conclusion that petitioners after their release are trying to

                       delay the framing of charge or after framing of charge is trying

                       to delay the trial, in both the conditions, the learned trial court

                       shall be at liberty to cancel the bail bonds of the petitioners.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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