Patna High Court
Jokhan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Jokhan Paswan applied for anticipatory bail in a case (PS No.156/2023) where he was alleged to have fired at an informant's husband, with charges under IPC sections 307, 34, 302 and Arms Act section 27. The prosecution presented material linking him to the crime, while the petitioner asserted he had not assaulted anyone and possessed a clean antecedent. The court examined the submissions and the newly surfaced investigative material. Finding the material sufficient to connect the petitioner to the offence, the court declined to grant anticipatory bail. The application was dismissed, and the petitioner was ordered to surrender within two weeks and seek regular bail before the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the material connecting him to the alleged offence
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34
Subjects
- anticipatory bail
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- section 307
- section 302
- section 34
- section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33964 of 2026
Arising Out of PS. Case No.-156 Year-2023 Thana- ANDHRATHARHI District- Madhubani
======================================================
Jokhan Paswan Son of Subelal Paswan Resident of Village- Amouja, P.S.-
Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rama Kant Sharma, Advocate
Mr.Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard Mr. Rama Kant Sharma learned Senior
Counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Andhrathari P.S. Case No. 156 of 2023 instituted under
Sections 307/34 of the Indian Penal Code and Section 27 of the
Arms Act and subsequently Section 302 of the Indian Penal
Code was added.
3. As per the prosecution case, petitioner along with
others is accused of firing at informant’s husband.
4. Learned counsel for the petitioner submits that the
petitioner has not assaulted anyone. Petitioner has clean
antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.33964 of 2026(2) dt.19-06-2026
2/2
for anticipatory bail of the petitioner and submitted that
materials have surfaced during investigation, connecting the
petitioner with the crime.
6. Considering the submissions advanced on behalf
of the parties as well as the fact that materials have surfaced
during investigation, connecting the petitioner with the crime,
this Court is not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail in the court below.
The court below will consider all the relevant facts including the
fact that some similarly situated accused persons have been
granted bail by this Court.
(Sandeep Kumar, J)
tusharika/-
U T
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