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Patna High Court

Jokhan PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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