Created by Fuzzy Cloud

Patna High Court

Raju PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.