Patna High Court
Akash Paswan @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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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
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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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