Patna High Court
Santu PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Santu Paswan, was arrested in connection with a case registered under Sections 310(4), 310(5), 61(2) of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act, based on secret information that armed miscreants were planning an offence. The prosecution alleged that the police apprehended five persons, including the petitioner, while two escaped. The petitioner contended that he is innocent, that only a mobile phone was recovered from him, he has no prior criminal record, and he has been in judicial custody since 20‑08‑2025. The State opposed bail. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under the B.N.S. and the Arms Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- judicial custody
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2680 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- KORHA District- Katihar
======================================================
Santu Paswan S/O Saho Paswan R/O Village- Ghangh Saraiya, Ward No.9,
P.S.- Bakhtiyarpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Korha P.S. Case No. 196 of 2025 registered for the offence
punishable under Sections 310(4), 310(5) and 61(2) of the
B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
police had received a secret information that some miscreants
armed with weapon are planning to commit some offence.
Police reached there. It is further case of the prosecution is that
five persons were apprehended while two persons managed to
escape. It is alleged that petitioner is one amongst them who
were apprehended.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.2680 of 2026(2) dt.05-02-2026
2/2
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that only
recovery of mobile has been made from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is languishing in judicial custody since 20.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Katihar in connection with Korha P.S. Case No. 196 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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