Patna High Court
Sudhir Kumar @ Bora Paswan @ Sudhir Paswan @ Sudhir Kumar Paswan @ Bora Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied as the case does not merit such relief given the gravity of the offences.
Summary
The petitioner, Sudhir Kumar Paswan, filed an anticipatory bail application fearing arrest in a case registered as Sikraul P.S. Case No. 06 of 2026. The case involves offences under multiple sections of the Bharatiya Nyaya Sanhita—including murder‑related sections such as 191(2), 191(3), 126(2), 115(2), 109, 50, 61(2), 103(1), 351(2) and 352—as well as section 27 of the Arms Act. The prosecution’s case is based on a self‑inculpatory statement of a co‑accused, Kanhaiya Chaubey, who admitted that the petitioner participated in the violent incident that resulted in one death and four injuries. The court examined the gravity of the offences and the seriousness of the allegations. Considering the nature of the alleged crimes, the court held that the case was not suitable for anticipatory bail. Consequently, the application for anticipatory bail was rejected, with the court noting that its observations are limited to this application and will not prejudice any later proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 191(2), 191(3), 351(2), 352, 50, 61(2)
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25248 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar
======================================================
Sudhir Kumar @ Bora Paswan @ Sudhir Paswan @ Sudhir Kumar Paswan @
Bora Kumar Paswan Son of Bharat Paswan R/o - Manoharpur, P.S - itarhi,
District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Sikraul P.S. Case No. 06 of 2026 registered for offences under
Sections 191(2), 191(3), 126(2), 115(2), 109, 50, 61(2), 103(1),
351(2), 352 of the Bharatiya Nyaya Sanhita and Section 27 of
the Arms Act.
3. Kanhaiya Chaubey and others went to the place of
occurrence to forcibly harvest the agricultural field, and during
the incident, Kanhaiya Chaubey opened fire and killed the
deceased.
4. The name of the petitioner has come in the case on
the self-inculpatory statement of the co-accused that he had also
Patna High Court CR. MISC. No.25248 of 2026(2) dt.06-05-2026
2/2
participated in the occurrence which led to the murder of one
person and injuring four persons.
5. Considering the nature and the gravity of the
offence, this Court is not a fit case for grant of anticipatory bail
to the petitioner.
6. Accordingly, the application for anticipatory bail is
hereby rejected.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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