Patna High Court
Sunny Paswan @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The bail application was denied.
Summary
Sunny Paswan was arrested in connection with a case where he and others allegedly fired upon an informant's husband, resulting in death. The FIR charges him under sections 302, 307, 120B, 379, 504, 34 of the IPC and Section 27 of the Arms Act, with specific allegation that he fired at the victim's head. The post‑mortem report shows two firearm injuries (head and chest). The petitioner, who has been in custody since June 2024 and has no prior criminal record, argued that charges have not yet been framed and the trial is likely to be delayed. The State opposed bail, emphasizing the seriousness of the allegations and the forensic evidence. The court declined to grant bail, noting the specific allegation and injury pattern, but allowed the petitioner to renew the bail plea if the case does not progress within a reasonable time.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges of murder, criminal conspiracy and violation of the Arms Act
- Whether the specific allegation of firing at the victim's head and the post‑mortem findings justify denial of bail
- Whether the delay in framing charges and trial progress warrants bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 34, 379, 504
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- post‑mortem
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39126 of 2025
Arising Out of PS. Case No.-797 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Sunny Paswan @ Sunny Kumar S/O Sunil Paswan R/o Jai Hind Colony,
Ranipur, P.S.- Phulwarisharif, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr.Vikramadit, Adv.
Mr. Amresh Kr. Sinha, Adv.
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 26-02-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for
the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Phulwari Sharif P.S. Case no.797
of 2024 registered under sections 302, 307, 120B, 379, 504 and
34 of IPC and Section 27 of Arms Act.
3. Allegation in the F.I.R is that petitoner along with
others fired upon informant’s husband due to which he
succumbed to his injuries.
4. Learned Senior counsel for the petitioner submits
Patna High Court CR. MISC. No.39126 of 2025(5) dt.26-02-2026
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that although in the F.I.R, there is allegation made on the
petitioner also having fired along with others upon deceased but
in the later part, there is specific allegation on Vishal Paswan
and Vikash Paswan firing upon the head of the deceased.
Postmortem report, however, shows two firearm injury. It is
further submitted that there is a dispute between the parties on
account of some financial transaction and with regard to land. It
is further submitted that after commitment till date charges have
not been framed and there is no likelihood of conclusion of trial
in the near future. The petitioner is in custody since 20.06.2024
with no criminal antecedent. He undertakes to cooperate in the
case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that there
is specific allegation of opening fire upon the deceased by the
petitioner and postmortem report indicates that one injury is on
the head and other on chest, this Court is not inclined to grant
bail to the petitioner and the application is rejected for the
present.
7. However, liberty is granted to the petitioner to
Patna High Court CR. MISC. No.39126 of 2025(5) dt.26-02-2026
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renew his prayer for bail in case no substantial progress is made
in the case within a reasonable time frame.
(Soni Shrivastava, J)
Harsh/-
U T
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