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Patna High Court

Deepanshu Paswan @ Divyanshu Kumar Paswan @ ChhotuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Deepanshu Paswan, was charged with murder and offences under the BNS and the Arms Act. He was apprehended red‑handed while attempting to flee the scene of the murder, and the murder weapon was recovered from him. Having been in custody since 11 January 2026, he applied for bail. The Court, noting the seriousness of the charges and the evidence against him, declined to grant bail. The application was dismissed, with a direction that the petitioner may re‑apply for bail if the trial is delayed due to the prosecution’s fault. The judgment was limited to the bail application and did not address the merits of the trial.

Issues considered

  • The appropriateness of granting bail to an accused in a murder case involving multiple offences under the BNS and the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-Ba), 26, 27
  • BNS — s. 103(1), 3(5), 61(2)

Subjects

  • bail
  • murder
  • Arms Act
  • BNS
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21942 of 2026
                     Arising Out of PS. Case No.-234 Year-2025 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Deepanshu Paswan @ Divyanshu Kumar Paswan @ Chhotu S/O Jitendra
                 Paswan R/O Sukhi ( Sukki), P.S- Khajauli, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav
                                                  Mr.Ravi Prakash
                 For the Opposite Party/s :       Mr.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Khajauli P.S. Caes No. 234 of 2025 registered for the offence

                   under Sections 103(1), 61(2), 3(5) of the BNS and under Section

                   25(1-Ba), 26, 27 of the Arms Act.

                                    3. As per the prosecution case, the petitioner was

                   caught read handed when he along with other accused were

                   trying to flee after committing murder of the deceased.

                                    4. The petitioner is in custody since 11.01.2026 and

                   the murder weapon has been recovered from the petitioner.

                                    5. Considering the gravity of the offence, this Court

                   is not inclined to grant bail to the petitioner.
          Patna High Court CR. MISC. No.21942 of 2026(2) dt.08-04-2026
                                                      2/2




                                    6. Accordingly, this application is dismissed.

                                    7. If the trial of the petitioner is delayed because of

                    the fault of the prosecution side then the petitioner may renew

                    his prayer for bail.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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