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Patna High Court

Randhir Paswan @ Randhir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with conditions.

Summary

Randhir Paswan was arrested on 11 June 2025 in connection with a case registered under Sections 103(1), 61(2), 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The petitioner contended that the FIR only alleged firing by co‑accused Prince Kumar and Indal Paswan, with no specific allegation against him, and pointed to bail being granted to several co‑accused. The State argued that the petitioner had participated in the crime and was already on bail in another matter. The Court examined the lack of a direct allegation against the petitioner and the precedent of bail to co‑accused, and consequently ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents. The bail bond is to be accepted without delay for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite being named as a conspirator in the FIR.
  • Whether the absence of a specific allegation of firing against the petitioner justifies bail.
  • Whether the bail granted to co‑accused influences the petitioner's bail application.

Legislation cited

Subjects

  • bail
  • conspiracy
  • Arms Act
  • Narcotic offences
  • Criminal Procedure Code
  • co‑accused
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22920 of 2026
                        Arising Out of PS. Case No.-240 Year-2025 Thana- BIKRAM District- Patna
                 ======================================================
                 Randhir Paswan @ Randhir Kumar S/O Indal Paswan R/O Village- Faridpur
                 Baghkol, P.S.- Bikram, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Vinod Kumar, Advocate
                 For the Informant       :        Mr. Jay Karan, Advocate
                 For the State           :        Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                      Heard Mr. Vinod Kumar, learned counsel for the

                   petitioner, Mr. Jay Karan, learned counsel for the Informant and

                   Mr. Ram Anurag Singh, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   11.06.2025, in connection with Bikram P.S. Case No. 240 of

                   2025, F.I.R. dated 10.06.2025                registered for the offences

                   punishable under Sections 103(1), 61(2), 3(5) of the B.N.S. and

                   Section 27 of the Arms Act.

                                 3. Allegation against the petitioner is that he is

                   conspirator of the present crime in question.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is named in the F.I.R. but from perusal of the F.I.R. it

                   appears that there is specific allegation of firing attributedf
Patna High Court CR. MISC. No.22920 of 2026(2) dt.10-04-2026
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          against co-accused persons, namely, Prince Kumar and Indal

          Paswan. Although the petitioner was accompanied with the

          other co-accused persons and as per allegation in the F.I.R. there

          is no specific allegation of any asssault or overt act or firing

          attributed against the petitioner.            He further submits that co-

          accused person, namely, Sujit Kumar has been granted bail by

          this Court vide order dated 17.01.2026 passed in Cr. Misc. No.

          83712 of 2025, another co-accused person, namely, Rahul

          Paswan has been granted bail by a Coordinate Bench of this

          Court vide order dated 19.03.2026 passed in Cr. Misc. No.

          86595 of 2025, another co-accused person, namely, Junaid Alam

          has been granted the privilege of anticipatory bail by a

          Coordinate Bench of this Court vide order dated 04.02.2026

          passed in Cr. Misc. No. 90408 of 2025, respectively. He further

          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          11.06.2025.

                       5. Learned counsel for the Informant as well as

          learned Additional Public Prosecutor for the State, on the other

          hand, vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner has participated in the present in

          crime in question and apart from aforesaid the petitioner carries
Patna High Court CR. MISC. No.22920 of 2026(2) dt.10-04-2026
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          one more case other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

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

          learned      A.C.J.M. VI, Danapur, Patna in connection with

          Bikram P.S. Case No. 240 of 2025, subject to the following

          conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedents, the court below shall take step for
           Patna High Court CR. MISC. No.22920 of 2026(2) dt.10-04-2026
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                     cancellation of bail bond of the petitioner.             However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U


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