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Patna High Court

Santu PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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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