Patna High Court
Rambachan Paswan @ Bacchan Paswan @ Bachan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that regular bail may be granted as the petitioner has not been found to possess any incriminating material and the circumstances do not justify continued detention.
Summary
Rambachan Paswan was arrested in connection with a murder case (Magadh University P.S. Case No. 142 of 2024) under Sections 103, 3/5, 61 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that the accused were part of a gang that shot and killed Shashikant Kumar Gupta. The petitioner pleaded innocence, asserting that no incriminating article was found on his person. He also highlighted that a co‑accused, Bijali Paswan, had been granted regular bail by a coordinate bench in a similar case. The State opposed the bail application. The court, after considering the facts and the precedent, ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial.
Issues considered
- Whether regular bail should be granted to an accused charged with murder and an arms offence under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the bail granted to a co‑accused in a similar case is a relevant precedent.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103, 3/5, 61
Subjects
- regular bail
- murder
- arms act
- Bharatiya Nyaya Sanhita
- criminal procedure
- precedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43189 of 2025
Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Rambachan Paswan @ Bacchan Paswan @ Bachan Paswan S/O Late Shiv
Brat Paswan R/O Village- Badki Babhani, P.S- Bodhgaya, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Adv.
For the State : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 20-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Magadh University P.S. Case No. 142 of
2024 registered for the offence under Sections 103, 3/5, 61 of
the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that the
informant stated that on 01.07.2024 at about 7:30 PM, his son
Shashikant Kumar Gupta @ Chhotu Gupta was riding his
motorcycle to drop Pintu Prasad to his house. Near Kajichak
Mor, three unknown miscreants on a motorcycle overtook them,
stopped the motorcycle, and began assaulting Pintu Prasad.
Shashikant Kumar Gupta and Pintu Prasad tried to flee away,
but one of the accused persons fired shot at Shashikant Kumar
Patna High Court CR. MISC. No.43189 of 2025(5) dt.20-01-2026
2/2
Gupta, causing his death at the spot.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. No incriminating article was recovered from his
conscious possession. He has further submitted that on exactly
similar footing, co-accused Bijali Paswan has been granted
regular bail by a coordinate Bench of this Court vide order dated
15.05.2025 in Cr. Misc. No. 15616 of 2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Gaya in connection with Magadh
University P.S. Case No. 142 of 2024, subject to the condition
that the petitioner shall cooperate in the disposal of trial and
make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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