Patna High Court
Gulshan Kumar @ Rifle PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioner and dismissed the bail application.
Summary
The petitioner, Gulshan Kumar @ Rifle Paswan, applied for regular bail in a case registered under Sections 103 and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, relating to a robbery‑murder. The prosecution alleged that three unknown assailants killed the deceased during a loot, and the petitioner was implicated despite no incriminating material being recovered from him. The petitioner’s counsel argued that he was falsely implicated, had five prior criminal antecedents, and was willing to cooperate with the trial. The State’s Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offences and the petitioner’s criminal record. The Court, after considering the allegations and antecedents, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103 and 3(5) of the B.N.S. and Section 27 of the Arms Act given the nature of the offences and his criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103, 3(5)
Subjects
- bail
- criminal antecedents
- false implication
- Arms Act
- Bihar Narcotic Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.456 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Gulshan Kumar @ Rifle Paswan S/O Devendra Paswan R/O Village-
Bechubigha, P.S- Banke Bazar, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Imamganj P.S. Case No. 33/2023 registered for the offences
punishable under Sections 103 and 3(5) of B.N.S. and Section
27 of Arms Act.
3. As per the prosecution case, three unknown
criminals while committing loot killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has five criminal
antecedents and he is in custody since 15.02.2025. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.456 of 2026(3) dt.23-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the allegations levelled against the
petitioner and the criminal antecedents of the petitioner, this
Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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