Patna High Court
Arjun paswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
Arjun Paswan was arrested in connection with a 2004 FIR alleging that he participated in firing at a house over a land dispute, leading to police and CRPF injuries. The FIR charged him with multiple offences under the Indian Penal Code, the Arms Act and the Criminal Law Amendment Act. The petitioner, a labourer with no prior criminal record and not a member of any extremist group, sought bail after being in custody since 17 February 2026. The State opposed the bail, citing the seriousness of the charges. The Court, noting the petitioner's lack of antecedents, his socio‑economic status and the length of custody, granted bail on a bond of Rs.10,000 with two sureties, emphasizing that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail can be granted to an accused charged with offences under Sections 147, 148, 149, 353, 324, 307, 212, 216, 332 and 414 of the IPC, Sections 25(1‑B)A, 26, 27 and 35 of the Arms Act and Section 17 of the CLA Act.
- Whether the petitioner’s status as a labourer with no prior criminal record and no affiliation to extremist groups warrants bail despite the seriousness of the charges.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 27, 35
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 212, 216, 307, 324, 332, 353, 414
Subjects
- bail
- IPC offences
- Arms Act
- Criminal Law Amendment Act
- land dispute
- extremist violence
- UAPA
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35930 of 2026
Arising Out of PS. Case No.-21 Year-2004 Thana- GOH District- Aurangabad
======================================================
Arjun paswan S/o Nanhak Paswan R/o Village- Chapra, P.S.- Bandeya,
District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Chandra Bhaskar
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Goh P.S. Case No. 21 of
2004 registered for the offences under Sections 147, 148, 149,
353, 324, 307, 212, 216, 332 and 414 of the Indian Penal Code,
Sections 25(1-B)A, 26, 27 and 35 of the Arms Act and Section
17 of C.L.A. Act.
3. The allegation is that some extremist persons had
fired at the house of Saheb Deyal Yadav due to a land dispute.
When the police arrived, the accused persons fired upon the
police party and one Officer of CRPF received injury on
account of the firing. The FIR was lodged against the petitioner.
4. Learned counsel for the petitioner submits that he is
a labourer and has no criminal antecedents under the UAPA, and
Patna High Court CR. MISC. No.35930 of 2026(3) dt.08-07-2026
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he is not a member of any group. He further submits that the
petitioner is in custody since 17.02.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the petitioner is a labourer and he
is in custody since 17.02.2026, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner, above named, 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 the
Chief Judicial Magistrate, Aurangabad in connection with Goh
P.S. Case No. 21 of 2004.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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