Patna High Court
Kuldeep PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, Kuldeep Paswan, subject to conditions.
Summary
Kuldeep Paswan was arrested on 5 October 2025 in connection with a FIR dated 3 October 2025 alleging offences under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR attributes the actual shooting that caused the death of an informant's son to his brother, Mohit Paswan, while merely mentioning Kuldeep as part of a group that allegedly threatened the victim. The petitioner argued that the FIR contains no specific allegation of assault against him, he has a clean antecedent, and that co‑accused persons have already been granted bail. The State opposed bail. The Court, after noting the lack of a direct charge against the petitioner and his clean record, ordered his release on bail with a bond of Rs.10,000 and three conditions relating to cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether the petitioner, Kuldeep Paswan, is chargeable under the FIR for the offences alleged.
- Whether the petitioner is entitled to bail despite the serious nature of the offences and the death of a person.
- Whether the petitioner’s clean antecedent and lack of specific allegation against him justify granting bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- arms act
- false FIR
- antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35267 of 2026
Arising Out of PS. Case No.-1045 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Kuldeep Paswan Son of Late Ram Ikabal Paswan Resident of Vill.-
Bhusunda, P.O.- Nauranga, P.S.- Mufassil, District - Gaya, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Laliteshwar Prasad Sharma, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-06-2026 Heard Mr.Laliteshwar Prasad Sharma, learned
counsel for the petitioner and Ms.Madhuri Lata, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
05.10.2025 in connection with Gaya Muffasil P.S. Case No.
1045 of 2025, F.I.R. dated 03.10.2025 registered for the offence
punishable under Sections 103(1) and 61(2) of BNS, 2023 and
Section 27 of Arms Act.
3. Specific allegation against co-accused person,
namely, Mohit Paswan, who happens to be the son of the present
petitioner, is that he fired upon the son of the informant, which
hits in the chest. During his treatment, he died.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
Patna High Court CR. MISC. No.35267 of 2026(2) dt.18-06-2026
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as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. It appears
from the FIR that the FIR is in two parts. In first part, there is
specific allegation of firing is attributed against co-accused
person, namely, Mohit Paswan. In second part, the name of the
petitioner has been indicated which suggests that the petitioner
and other co-accused persons have threatened the son of the
informant. From a bare perusal of the FIR it appears that there
is no specific allegation of any assault or overt-act attributed
against the petitioner and similarly situated co-accused persons,
namely, Jagdip Paswan @ Karan Kumar and Lakshmi Devi
have been granted bail by this Court vide orders dated
12.03.2025 and 17.03.2026 passed in Cr. Misc. Nos. 16181 of
2026 and 16843 of 2026 respectively and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 05.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.35267 of 2026(2) dt.18-06-2026
3/3
learned C.J.M., Gaya in connection with Gaya Muffasil P.S.
Case No. 1045 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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