Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Raju Paswan was arrested in connection with a murder case (Khagaria PS Case No. 85 of 2025) alleging offences under the Bharatiya Nyaya Sanhita and the Arms Act. The FIR alleges that the accused shot dead a brick‑kiln worker, but the petitioner’s counsel argued that the informant was not an eye‑witness and no substantive evidence, apart from a confessional statement, linked the petitioner to the crime. The petitioner highlighted his clean antecedents and that he had been in custody since 13 March 2025. The State opposed bail, citing the seriousness of the charges. The Court, considering the lack of solid evidence, the petitioner’s clean record and the length of custody, granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving murder and arms offences given the nature of the allegations and the evidence presented
- Whether the informant’s testimony, lacking eye‑witness status, suffices to justify continued detention
- Whether the petitioner’s clean antecedent and period of custody warrant bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26(1), 27, 35
- Bharatiya Nyaya Sanhita — s. 103(1), 126(2), 308(4), 3(5)
Subjects
- bail
- criminal procedure
- murder
- arms act
- clean antecedent
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3050 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Raju Paswan S/O Late Ramji Paswan R/O Vill.- Bela Simri, P.s.- Gangor,
Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1 A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Khagaria P. S. Case No. 85 of 2025 registered for the offences
punishable under Sections 126(2), 308(4), 103(1), 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act to
which Section 25(1-B)a, 26(1), 35 of Arms Act were added later
on.
3. As per F.I.R., all the named accused persons,
including this petitioner, killed the deceased, who used to work
in brick kiln of the informant, by firing gunshot.
4. Learned counsel appearing for the petitioner
submits that informant is not an eye witness to the occurrence
and he has not disclosed source of information as to how he
Patna High Court CR. MISC. No.3050 of 2026(2) dt.13-02-2026
2/2
could come to know about involvement of petitioner in the
alleged offence. Except confessional statement, there is no
substantive evidence to show complicity of the petitioner in the
alleged offence. Petitioner claims clean antecedent and is in
custody since 13.3.2025
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to 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
the learned Chief Judicial Magistrate, Khagaria in connection
with Khagaria P. S. Case No. 85 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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