Patna High Court
Raj Kumar @ Butta Paswan @ Raj Kumar Paswan @ ButaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar National Security Act, 2023 — s. 115(2), 126(2), 326(g), 352
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
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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
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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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