Patna High Court
Subhas Paswan @ Subash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners subject to strict conditions.
Summary
The petitioners, Subhas Paswan and Biru Kumar, were arrested in connection with a land‑dispute incident that involved firing and resulted in charges under Sections 191(2), 191(3), 190, 221, 132 and 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. They contended that they were falsely implicated, that no one was injured, and that no incriminating article was recovered from them. The State opposed bail, citing the seriousness of the offences and the petitioners' prior criminal antecedents. The court noted the lack of specific incriminating evidence against the petitioners and the prolonged pre‑trial custody since August 2025. Accordingly, the court granted bail on the condition of a Rs 15,000 bond per petitioner, two sureties, family surety requirement, mandatory appearance at trial, and provisions for cancellation if evidence or witnesses are tampered with.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences and their prior criminal antecedents
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
- Whether the charge‑sheet has been framed and if its framing is a prerequisite for bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 190, 191(2), 191(3), 221
Subjects
- bail
- land dispute
- arms act
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4379 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- DINARA District- Rohtas
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1. Subhas Paswan @ Subash Paswan S/o Rameshwar Paswan R/o Village -
Belwaeya, P.S - Dinara, District - Rohtas at Sasaram
2. Biru Kumar @ Biru Ram S/o Mohan Ram R/o Village - Belwaeya, P.S -
Dinara, District - Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar Paswan, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Dinara
P.S. Case No. 363 of 2025, instituted for the offences under
Sections 191(2), 191(3), 190, 221, 132 and 109 of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that informant, who is
Revenue Officer in Dinara Circle, was engaged on duty for
maintaining law and order as there was problem between two
parties i.e. Sheoji Singh @ Babuaji and other side villagers in
200-300 in number with respect to land dispute. It is alleged that
firing was also made between the parties.
Patna High Court CR. MISC. No.4379 of 2026(2) dt.03-02-2026
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4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Charge-Sheet has been submitted in this case. He further
submitted that nobody is injured in this case. The occurrence
took place due to land dispute. No incriminating article has been
recovered from the conscious possession of the petitioners. No
specific allegation is attributed against the petitioners. It has
been submitted on behalf of the petitioners that the petitioners
are in custody since 01.08.2025. The petitioner No.1 has five
criminal antecedents, whereas petitioner no.2 has four criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dinara P.S. Case
Patna High Court CR. MISC. No.4379 of 2026(2) dt.03-02-2026
3/3
No. 363 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(III) 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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