Patna High Court
Vipul Paswan @ Vipul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 127(1), 190, 191(2), 303(2), 329(3), 351(2), 352
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
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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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