Patna High Court
Upendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Upendra Paswan, was arrested in connection with a case registered under multiple sections of the B.N.S., 2023 and section 27 of the Arms Act. The allegations against him were described as general and omnibus, and he had been in custody since 9 January 2026. He applied for bail, arguing that the allegations were not specific. The court considered the nature of the allegations and the period of custody and decided to grant bail. It ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount, without expressing any opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner despite the presence of general and omnibus allegations and his period of custody.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 324(4), 329(4), 351(2), 351(3), 352
Subjects
- bail
- general allegation
- omnibus allegation
- custody
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22041 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- GAYA KOTWALI District- Gaya
======================================================
Upendra Paswan Son of Ramanand Paswan Residing at Dom Toli, Murlihill,
Bairaga, P.S.- Kotwali, District- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party : Mr. Tarun Prasad Mandal, APP
======================================================
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
Kotwali P.S. Case No.03 of 2026 registered for the offence
under sections 126(2), 115(2), 109, 324(4), 329(4), 352, 303(2),
351(2), 351(3) of the B.N.S., 2023 and under section 27 of the
Arms Act.
3. One Gaurav Paswan is said to have fired,
which did not hit anyone. There is general and omnibus
allegation against this petitioner. He is in custody since
09.01.2026.
4. Considering the fact that there is general and
omnibus allegation against the petitioner and also his period of
custody, this bail application is allowed.
Patna High Court CR. MISC. No.22041 of 2026(2) dt.08-04-2026
2/2
5. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gaya ji / concerned Court
below, in connection with Kotwali P.S. Case No.03 of 2026.
6. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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