Patna High Court
Radhey PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is not prima facie involved in the preparation of dacoity and is therefore entitled to bail.
Summary
Radhey Paswan applied for bail after the police registered a case (Muffasil P.S. No. 527 of 2025) alleging his possible participation in a dacoity under Sections 310(4) and 310(5) of the BNS and several provisions of the Arms Act. The FIR was based solely on statements of two apprehended co‑accused that Paswan might join the occurrence. The petitioner also disclosed that he was already on bail in another criminal matter. The State opposed bail, arguing the seriousness of the alleged offences. The Court examined the FIR and found no prima facie evidence that Paswan had taken part in the preparation of the dacoity, concluding that mere apprehension was insufficient for denial of bail. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to surrender within four weeks, invoking Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is prima facie involved in the preparation of dacoity under Sections 310(4) and 310(5) of the BNS and the Arms Act.
- Whether bail can be granted in the circumstances under Section 482(2) of the BNSS.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26, 35
Subjects
- bail
- dacoity
- Arms Act
- preparation offence
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24409 of 2026
Arising Out of PS. Case No.-527 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Radhey Paswan Son of Late Ramchandra Paswan R/o Vill. - Tekuna, P.S. -
Bodh Gaya, Dist. - Gaya, Present Add.- Vill. - Dumari Tarawan, P.S.-
Fatehpur, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Muffasil P.S. Case No. 527 of 2025 registered
for the offences punishable under Sections 310(4), 310(5) of
BNS and Section 25(1-B) (a), 26 and 35 of the Arms Act.
3. As per FIR, petitioner alleged to join the occurrence
of dacoity as disclosed by apprehended co-accused persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the implication of petitioner is
peculiar with present case as on the basis of apprehension that
he might join the occurrence of dacoity as per disclosure of two
apprehended co-accused persons. It is submitted that this is not
Patna High Court CR. MISC. No.24409 of 2026(2) dt.23-04-2026
2/2
even a case of preparation. It is said that petitioner found
involved in one more criminal case, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
considering the face of FIR, prima facie petitioner not found to be
involved in any preparation for dacoity, accordingly, above named
petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M. 1 st,
Gaya/concerned Court, where the case is pending in connection
with Muffasil P.S. Case No. 527 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…