Patna High Court
Surya Don @ Sonu Paswan @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners with conditions of bond, sureties, and mandatory appearance at trial.
Summary
The petitioners, Radha Paswan and Surya Don (Sonu Paswan), were charged under several sections of the B.N.S., 2023 and Section 27 of the Arms Act for allegedly firing 40 rounds at an informant’s door. They contended that they were falsely implicated, that the informant owed them money, and that they themselves were the victims, having sustained gunshot injuries while no one else was hurt. Both had been in judicial custody since December 2025. The State opposed bail, highlighting the petitioners’ extensive criminal antecedents (four and nine prior cases respectively). After hearing both sides, the court granted bail to each petitioner on a bond of Rs. 10,000 with two sureties, subject to their cooperation and presence at every trial date.
Issues considered
- Whether bail should be granted despite the seriousness of the offences under the B.N.S., 2023 and the Arms Act
- Whether the petitioners’ prior criminal antecedents justify denial of bail
- Whether the petitioners are likely to cooperate with the trial and not tamper with evidence
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal antecedent
- firearms
- Arms Act
- B.N.S. 2023
- judicial custody
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29381 of 2026
Arising Out of PS. Case No.-473 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Radha Paswan @ Bisarjan Paswan S/O Lakhan Paswan @ Lakhan Ram
Resident of Village - Kadwan, P.S- Nokha, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 30522 of 2026
Arising Out of PS. Case No.-473 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Surya Don @ Sonu Paswan @ Sonu Kumar S/o Basant Paswan @ Basant
Ram R/o Village - Mahuwari, P.S - Akorhigola, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 29381 of 2026)
For the Petitioner/s : Mr. Siddharth Harsh, Advocate.
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
(In CRIMINAL MISCELLANEOUS No. 30522 of 2026)
For the Petitioner/s : Mr. Vikalp, Advocate.
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Akorhigola P.S. Case No. 473 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109, 351(2),
352 and 3(5) of the B.N.S., 2023 and Section 27 of the Arms
Patna High Court CR. MISC. No.29381 of 2026(2) dt.19-06-2026
2/3
Act.
3. The case of the prosecution, in short, is that both the
petitioners and others have made 40 rounds of firing on the door of
the informant.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that the informant owed some rupees to
Sonu Paswan, and the petitioner Radha Paswan has gone with him
to receive the amount where the firing was made by the
informant's party. He also submits that there is also a counter
version of this case, and from perusal of the FIR of this case, it
transpires that nobody has received any injuries. The only
allegation is that of firing, whereas the petitioners have received
gunshot injuries. He further submits that actually petitioners are
the victims of this case, but they have been made accused.
Moreover, the petitioners, namely Radha Paswan @ Bisarjan
Paswan and Surya Don @ Sonu Paswan @ Sonu Kumar, are
languishing in judicial custody since 19.12.2025 and 24.12.2025,
respectively.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner namely, Radha Paswan
has criminal antecedent of four cases whereas Surya Don has
Patna High Court CR. MISC. No.29381 of 2026(2) dt.19-06-2026
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criminal antecedent of nine cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail with the condition that
the petitioners shall cooperate in trial and shall remain
physically present on each and every date fixed by the learned
court below. The above named petitioners are directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) each with two sureties of the like amount each to
the satisfaction of the learned S.D.J.M., Dehri-on-Sone in
connection with Akorhigola P.S. Case No. 473 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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