Patna High Court

Karu PaswanversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner with a bond and sureties, subject to cooperation in the trial.

Summary

Karu Paswan was arrested in connection with PS Case No. 427 of 2025 for alleged offences under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, including threatening an informant with pistols and firing in the air. The trial court denied bail solely on the basis of his prior criminal record. Paswan filed a bail application asserting innocence, claiming no weapons were recovered from him, and that he had been in custody since September 2025. The State and the informant opposed bail, highlighting his five prior cases and notoriety. After hearing both sides, the Patna High Court granted bail on the condition of a Rs.10,000 bond with two sureties, directing the petitioner to cooperate with the trial.

Issues considered

Whether bail should be granted to the petitioner despite alleged offences under the B.N.S., 2023 and the Arms Act and his criminal antecedents.

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 76

Subjects

bail
criminal antecedents
arms act
threat
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5023 of 2026
                        Arising Out of PS. Case No.-427 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Karu Paswan Son of Late Ramugar Paswan R/o Mohalla - Khandakpar, P.S. -
                 Bihar, District - Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar Sinha, Advocate
                 For the Informant        :        Mr. Gaurav Kumar Verma, Advocate
                                                   Mr. Nitin Shashi Sharma, Advocate
                 For the Opposite Party/s :        Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner; learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Bihar P.S. Case No. 427 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 76, 109(1), 351(2),

                   3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that the

                   petitioner, who is a notorious criminal was having pistols in

                   both of his hand and threatened the informant of dire

                   consequences. It is further alleged that the petitioner has made

                   fire in the air. Other allegations are against other accused

                   persons.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5023 of 2026(2) dt.04-02-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that in this case,

          the only allegation against the petitioner is that he fired in the air

          and that he was armed with two country-made pistols at the time

          of the occurrence. Nothing has been recovered from the

          possession of this petitioner. He also submits that the bail of this

          petitioner was rejected by the learned trial court only on the

          ground of criminal antecedents. He further submits that the

          petitioner is languishing in judicial custody since 02.09.2025.

                       5. The application for bail is vehemently opposed by

          learned counsel for the informant and the learned APP for the

          State and submits that the petitioner is having criminal

          antecedent of five cases. Learned counsel for the informant also

          submits that the petitioner is a notorious criminal.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall cooperate in the trial. The above

          named petitioner is directed to be enlarged on bail on furnishing

          bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

          sureties of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.5023 of 2026(2) dt.04-02-2026
                                                       3/3




                     Chief Judicial Magistrate, Nalanda at Biharsharif in connection

                     with Bihar P.S. Case No. 427 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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