Patna High Court
MITHUN PASWAN @ MITHUN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The bail application was rejected.
Summary
Mithun Paswan was arrested in connection with a case where he allegedly fired a firearm, injuring three persons but causing no death. He faces charges under multiple sections of the B.N.S., 2023 and Section 27 of the Arms Act. The petitioner, represented by Mr. Alok Kumar Sinha, sought bail, arguing false implication and lack of fatality. The State, through Mr. Ram Priya Sharan Singh, opposed bail, highlighting the seriousness of the injuries, the petitioner’s prior criminal antecedents, and the risk of absconding. After considering the submissions, the court found the bail request untenable and rejected the application.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences, the injuries caused, and his prior criminal record.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- firearm injury
- Arms Act
- criminal antecedent
- risk of absconding
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2131 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
MITHUN PASWAN @ MITHUN KUMAR S/O BRAHMDEO PASWAN
R/o vill - Loknathpur Ganj Manohar Tola, P.S.- Dalsingh Sarai, Distt.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha
For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-04-2026 1. Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Dalsing Sarai P.S. Case No. 128/2025, registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 109, 352, 351(2), 351(3) of the B.N.S., 2023 and Section
27 of the Arms Act.
3. Learned counsel appearing on behalf of the
petitioner submits that petitioner has antecedent of three cases
and is in custody since 18.07.2025 and the informant alleges
that petitioner fired causing firearm injury to maternal nephew
of the informant on head, the second bullet hit Balkishan
causing injury on chest and the third bullet hit Sushila who
Patna High Court CR. MISC. No.2131 of 2026(3) dt.21-04-2026
2/2
became unconscious.
4. Learned counsel appearing on behalf of the
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that no doubt the allegation is of
firing but no one died.
5. Learned APP opposes the bail application and
submits that specific allegation of firing causing injury to three
persons has been alleged against the petitioner and petitioner
has antecedent of two serious cases from before and if privilege
of bail is granted, the petitioner may abscond.
6. Considering the submission made by the learned
APP, the Court is not inclined to release the petitioner on bail.
7. The regular bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
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