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Patna High Court

Vipul Paswan @ Vipul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

Vipul Paswan applied for bail in a case (Sare P.S. Case No. 67 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleges that the petitioner, along with others, assaulted an informant and his family using firearms and sharp weapons on the petitioner’s orders. The petitioner contended that he is innocent, no incriminating material was found on him, and no specific assault allegation is directed at him, asserting he is a relative of the informant. The State opposed bail, but the court noted that a co‑accused had already been granted bail and considered the length of the petitioner’s custody. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding family surety and appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • firearms
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2764 of 2026
                         Arising Out of PS. Case No.-67 Year-2025 Thana- SARE District- Nalanda
                 ======================================================
                 Vipul Paswan @ Vipul Kumar Son of Late Arun paswan R/o Village -
                 Amarsingh Bigha, P.S. - Sare, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sare P.S. Case No. 67 of 2025, instituted for the offences

                   punishable under Sections 191(2), 190, 127(1), 109(1),

                   115(2), 117(2), 329(3), 303(2), 351(2), 352 of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                3. The prosecution case, in short, is that the

                   accused persons including the petitioner, armed with

                   firearms and sharp weapons, assaulted the informant and his

                   family members near their house. It is further alleged that

                   on the order of petitioner the alleged occurrence took place.
Patna High Court CR. MISC. No.2764 of 2026(2) dt.28-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in

          the present case. No incriminating material has been

          recovered from the conscious possession of the petitioner.

          Learned counsel for the petitioner also submits that no

          specific allegation of assault has been attributed against the

          petitioner. It is further submitted that the petitioner is gotiya

          of the informant. The petitioner is in custody since

          19.09.2025. Co-accused has already been granted bail by

          the Co-ordinate Bench of this Court vide order dated

          15.01.2026 passed in Cr. Misc. No. 86728 of 2025.

                       5. Learned APP for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6.     Considering          the        aforesaid   facts   and

          circumstances of the case, co-accused has already been

          granted bail by the Co-ordinate Bench of this Court vide

          order dated 15.01.2026 passed in Cr. Misc. No. 86728 of

          2025. and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant

          bail to the petitioner.

                       7. Let the petitioner be released on bail on
           Patna High Court CR. MISC. No.2764 of 2026(2) dt.28-01-2026
                                                       3/3




                     furnishing bail bonds of Rs. 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of Court below/concerned Court in connection

                     with Sare P.S. Case No. 67 of 2025, subject to the following

                     conditions:

                                  (I) One of the bailors shall be own/close member

                     of the family of the petitioner.

                                  (II) The petitioner shall appear on each and every

                     date fixed at the trial. In case of default in such appearance

                     on two consecutive dates, the Trial Court will have liberty

                     to cancel the bail bonds of the petitioner.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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