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Patna High Court

Dev Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted as the trial had commenced, the offences were grave, and no fresh ground for bail was established.

Summary

The petitioner, Dev Kumar Paswan, applied for bail for the second time in a case registered under multiple provisions of the IPC, Arms Act, Explosive Act and UAPA relating to alleged Naxalite activities. The trial had already commenced and the petitioner had been in custody since 11 May 2025. The petitioner argued that he was not named in the FIR and was falsely implicated, while the State contended that investigation had established his involvement and that he was an absconder. The High Court noted the gravity of the offences, the fact that the trial was underway, and that no fresh ground for bail was shown. Consequently, the Court declined to review its earlier order and dismissed the bail application. The judgment expressly limited its observations to the bail application and did not express any opinion on the merits of the criminal case.

Issues considered

  • Whether bail can be granted at the stage of trial for offences of serious nature under IPC, Arms Act, Explosive Act and UAPA.
  • Whether the petitioner’s claim of false implication and lack of naming in the FIR warrants a fresh ground for bail.
  • Whether the earlier bail denial can be reviewed in the absence of new material facts.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • Explosive Act
  • UAPA
  • Naxalite
  • trial commencement
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28932 of 2026
                        Arising Out of PS. Case No.-55 Year-2018 Thana- DUMARIYA District- Gaya
                 ======================================================
                 Dev Kumar Paswan S/o Vanshi Paswan Resident of Village - Reganiya
                 Mircha, P.S - Amas, District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Swarna Roy, Advocate
                 For the State            :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Dumariya P.S.

                   Case No. 55 of 2018 registered for the offence under Sections

                   147, 148, 307, 353, 504, 506, 120(b) of the Indian Penal Code,

                   under Section 25(1-B), 26, 27, 35 of the Arms Act, under

                   Section 3, 4 and 5 of the Explosive Act and under Section 16,

                   18, 20 of the UAP Act

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 17.09.2025 passed in Cr. Misc.

                   No. 63252 of 2025, which reads as under:

                                             “Heard learned counsel for the
                                  petitioner and learned APP for the State.
                                             2. The petitioner seeks bail in
Patna High Court CR. MISC. No.28932 of 2026(2) dt.07-05-2026
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                        connection with Dumariya P.S. Case No. 55 of
                        2018 registered for the offence under Sections
                        147, 148, 307, 353, 504, 506, 120(b) of the
                        Indian Penal Code, under Section 25(1-B), 26,
                        27, 35 of the Arms Act, under Section 3, 4 and
                        5 of the Explosive Act and under Section 16,
                        18, 20 of the UAP Act.
                                    3. As per the prosecution case, the
                        allegation against the petitioner is that he is
                        active member of Naxalite group and on raid
                        several incriminating articles have been
                        recovered from the petitioner and others.
                                    4. The petitioner is in custody since
                        11.05.2025.
                                    5. It has been submitted by the
                        learned counsel for the petitioner that the
                        petitioner is not named in the FIR and he has
                        falsely been implicated in this case.
                                    6. Learned counsel for the State has
                        submitted that during investigation, the
                        petitioner’s involvement has come and he is an
                        absconder in a case of 2018.
                                    7. Considering the aforesaid facts,
                        this Court is not inclined to grant bail to the
                        petitioner.
                                    8. Accordingly, this application is
                        dismissed.”

                       4. Learned counsel for the petitioner submits that

          though the charge has been framed and the trial has commenced.

                       5. Considering the gravity of the offence, the fact that

          the trial has started and no fresh ground for grant of bail is made

          out, I am not inclined to review my earlier order.

                       6. Accordingly, the application stands dismissed.

                       7. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail
           Patna High Court CR. MISC. No.28932 of 2026(2) dt.07-05-2026
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                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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