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Patna High Court

Raj Kumar @ Butta Paswan @ Raj Kumar Paswan @ ButaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner with specified conditions.

Summary

The petitioner, Raj Kumar Paswan, was in custody for over a year for alleged offences under Sections 126(2), 115(2), 352 and 326(g) of the Bihar National Security Act, 2023, stemming from an alleged robbery and arson that injured the informant. His earlier bail application was rejected, with the court directing him to seek bail after completing one year in custody. The petitioner argued that he was falsely implicated due to village politics and highlighted his clean antecedents. The State opposed regular bail. Considering the petitioner’s prolonged detention, clean record, and the statutory provision allowing bail after one year, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding surety, appearance, and cancellation on breach.

Issues considered

  • Whether the petitioner is entitled to regular bail after completing one year of custody under the Bihar National Security Act, 2023
  • Whether the petitioner’s clean antecedents and alleged false implication justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar National Security Act
  • Sections 126, 115, 352, 326(g)
  • false implication
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29217 of 2026
                       Arising Out of PS. Case No.-43 Year-2025 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Raj Kumar @ Butta Paswan @ Raj Kumar Paswan @ Buta, aged about 25
                 years (Male) Son of Ashok Paswan, Resident of Mohalla - Bageshwari
                 Mandir, Near Kali Mandir, P.S. - Delha, District - Gaya(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhay Kumar Singh, Advocate
                                                  Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   19-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is in custody in a case registered for

                   the offence punishable under Sections 126(2), 115(2), 352 and

                   326(g) of the BNS, 2023.

                                 3. Earlier the prayer for bail of this petitioner was

                   rejected by this Court passed in Cr. Misc. No.61710 of 2025

                   vide order dated 10.12.2025 with an observation that he may

                   renew his prayer for bail before the trial Court after completing

                   one year in custody.

                                 4. As per allegation in the FIR, petitioner entered in

                   the house of the informant and started demanding money and
Patna High Court CR. MISC. No.29217 of 2026(3) dt.19-06-2026
                                            2/3




          jewellery and upon refusal, the petitioner became physically

          violent and set the house at fire by igniting cylinder kept at her

          house, due to which, informant suffered severe burn injuries.

                        5. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in this case due to ulteror

          motive and dirty village politics. Petitioner is in custody since

          22.03.2025 and he has completed one year in custody. Petitioner

          has got clean antecedent as stated in para-3 of the petition.

                        6. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                        7. In view of the aforesaid submissions as well as the

          fact that petitioner is languishing in jail custody for more than

          one year in custody, so let the above named petitioner be

          released on bail on furnishing bail bond of Rs.10,000/- (ten

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

          satisfaction of learned Additional District & Sessions Judge-IV,

          Gayajee/concerned Court in connection with Sessions Trial

          No.314 of 2026(S.J) arising out of Vishnupad P.S. Case No. 43

          of 2025 with three following conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner will remain present on each and
          Patna High Court CR. MISC. No.29217 of 2026(3) dt.19-06-2026
                                                      3/3




                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                 (iii) In case of non-appearance of the petitioner on

                    single date or in violation of the terms of the bail, the bail bond

                    of the petitioner will be liable to be cancelled by the Court

                    concerned.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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