Patna High Court
Vishal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted regular bail to the petitioner.
Summary
Vishal Paswan was arrested in connection with a group rivalry incident where firing was exchanged between two groups. He was named in the FIR but the prosecution did not allege any specific act of firing by him. The petitioner, who had been in custody since 29 November 2025, applied for regular bail under Sections 126(2), 115(2), 109(1), 352, 3(5) of the B.N.S. and Section 27 of the Arms Act. The State opposed the bail, but the Court noted the absence of a specific allegation against the petitioner and the length of his custody. Consequently, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the concerned court.
Issues considered
- Whether regular bail should be granted when the accused is named in the FIR but no specific allegation of firing is made against him.
- Whether the period of custody and the nature of the charges warrant the grant of bail.
Legislation cited
Subjects
- bail
- regular bail
- arms act
- criminal procedure
- group rivalry
- FIR
- section 27 Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21267 of 2026
Arising Out of PS. Case No.-851 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Vishal Paswan Son of Manoj Paswan @ Manoj Kumar Paswan Resident of
Village - Ghtikan, P.S. - Sheosagar, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sasaram (T) P.S. Case No. 851 of 2025, registered under
Sections 126(2), 115(2), 109(1), 352, 3(5) of the B.N.S. and
section 27 Arms Act.
3. As per prosecution case, the allegation is that in a
case of group rivalry firing was exchanged between two groups.
The petitioner is named in the FIR but there is no specific
allegation of firing attributed against him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner is in custody since 29.11.2025.
5. Learned APP for the State has vehemently opposes
Patna High Court CR. MISC. No.21267 of 2026(3) dt.18-05-2026
2/2
the prayer for bail of the petitioner.
6. Considering the absence of specific allegation and
period of custody, this application is allowed.
7. Accordingly, let the petitioner above named, be
granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of learned C.J.M., Rohtas at Sasaram
/concerned court below in connection with Sasaram (T) P.S.
Case No. 851 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/- Nitesh
U T
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