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Patna High Court

Akash Paswan @ Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the allegations vague and insufficient to justify continued detention.

Summary

Akash Paswan was arrested in connection with the murder of an informant's son, alleged under Sections 103(1), 61(2), 3(5) of the B.N.S.S. and Section 27 of the Arms Act. The informant named the petitioner among 13 accused, claiming a conspiracy and alleging that the petitioner threatened him after the incident. The petitioner’s counsel argued that the petitioner was falsely implicated, pointing to CCTV footage that did not show him at the scene and highlighting a dispute between the informant and a political figure. The informant’s counsel countered that the petitioner was seen conversing with co‑accused and had threatened the informant. The court, noting the vague and doubtful nature of the allegations, the petitioner’s custody period, and the submission of the charge sheet, granted bail with a bond of Rs.10,000 and specific conditions. The bail order was made subject to compliance with Section 480(3) of the B.N.S.S. and the conditions imposed by the Additional Sessions Judge.

Issues considered

  • What is the adequacy of the evidence against the petitioner to justify denial of bail?
  • Whether the petitioner’s alleged involvement in the conspiracy and threat to the informant warrants continued detention?
  • Whether the provisions of Section 480(3) of the B.N.S.S. permit granting bail in the present circumstances?

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • arms act
  • false implication
  • CCTV evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31819 of 2026
                     Arising Out of PS. Case No.-491 Year-2025 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Akash Paswan @ Akash Kumar Son of Parmanand Paswan @ Sadhu Paswan
                 Resident of Village - Murli Hill Bairagi, Police Station - Gaya Kotwali,
                 District - Gaya.
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar, Advocate
                                                  Mr. Gajendra Kumar Singh, Advocate
                                                  Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh, APP
                 For the Informant       :        Mr. Sharda Nand Mishra, Advocate
                                                  Mr. Deepak Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel appearing on behalf

                   of the informant.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Sessions Trial No. 162 of 2026, arising out of

                   Gaya Kotwali P.S. Case No. 491 of 2025 registered for the

                   alleged offences under Sections 103(1), 61(2), 3(5) of BNS and

                   Section 27 of the Arms Act.

                                 03. As per prosecution case, the son of the informant

                   was shot dead and the informant named two co-accused persons

                   along with 3-4 unknown, who shot his son dead. Thereafter, the

                   informant named the petitioner and altogether 12 other co-
Patna High Court CR. MISC. No.31819 of 2026(2) dt.12-05-2026
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          accused persons for being involved in conspiracy for murder of

          his son in the background of earlier dispute.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case and this fact is apparent from the FIR. The informant has

          named altogether 13 persons for being involved in conspiracy

          for murder of his son and the name of the petitioner finds place

          at serial no. 10. Learned counsel further submits that the

          informant is having dispute with co-accused Ganesh Paswan,

          who is Mayor, and as the petitioner is supporter of Ganesh

          Paswan, he has been roped in the present case with false

          allegation. Learned counsel further submits that the deceased

          himself was a veteran criminal and altogether seven cases are

          pending against him. Learned counsel further submits that

          during investigation CCTV footage was collected and four

          persons were found involved in the shooting of the son of the

          informant but the petitioner is not one of them and he was not

          seen at the spot. Merely on suspicion the petitioner has been

          made accused in this case. The petitioner is having antecedent of

          one case and he is in custody since 17.01.2026. Charge sheet

          has been submitted.

                       05. Learned APP as well as learned counsel appearing
Patna High Court CR. MISC. No.31819 of 2026(2) dt.12-05-2026
                                            3/4




          on behalf of the informant vehemently oppose the submission

          made on behalf of the petitioner. Learned counsel for the

          informant submits that the petitioner was found talking to the

          co-accused, who was seen in the CCTV footage on date of

          occurrence for quite long time. Learned counsel for the

          informant further submits that after registration of present case,

          the petitioner and other co-accused persons came to the house of

          the informant, threatened him and asked him to withdraw the

          case against the petitioner and also fired upon him.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          vague and doubtful nature of allegation against the petitioner

          and further considering the period of custody of the petitioner

          and submission of charge sheet, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Sessions Judge-

          XIII, Gaya/concerned Court in connection with Sessions Trial

          No. 162 of 2026, arising out of Gaya Kotwali P.S. Case No. 491

          of 2025, subject to the conditions mentioned in Section 480(3)

          of B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close
            Patna High Court CR. MISC. No.31819 of 2026(2) dt.12-05-2026
                                                        4/4




                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates 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.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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