Patna High Court

Gulshan Kumar @ Rifle PaswanversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Gulshan Kumar @ Rifle Paswan, was arrested in connection with a robbery‑murder case and charged under sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution’s case relied on a chain of confessional statements linking several co‑accused to the firearms used, but no weapon was recovered from the petitioner’s possession. The petitioner argued that he is innocent, has been in judicial custody since 15‑02‑2025, and that a similarly situated co‑accused had already been granted bail. The State opposed the bail application. After hearing both sides, the High Court found no material reason to deny bail and ordered the petitioner’s release on a regular bail bond of Rs 10,000 with two sureties, subject to his cooperation and appearance before the trial court.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under the Arms Act sections 25(1‑b)a, 26 and 35.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35

Subjects

regular bail
Arms Act
firearms offence
judicial custody
bail petition
Criminal Miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.51 of 2026
                        Arising Out of PS. Case No.-25 Year-2025 Thana- Bankebazar 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 ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25(1-b)a, 26

                   and 35 of the Arms Act.

                                3. The case of the prosecution is that police

                   apprehended two persons for their involvement in Banke Bazar

                   P.S. Case No. 22 of 2025 who disclosed the name of other co-

                   accused Ashutosh Kumar and further disclosed they shot dead

                   one person looting his money and motorcycle. The apprehended

                   persons further disclosed the name of co-accused Roushan

                   Kumar to whom they handed over the firearms used in the

                   robbery and murder. This co-accused disclosed the name of

                   Deepak Kumar to whom he has given the firearms for safe
Patna High Court CR. MISC. No.51 of 2026(2) dt.05-02-2026
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          keeping. A raid was conducted in the house of Deepak Kumar

          and at his instance, two firearms, a pistol and a country made

          katta were recovered.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the name of this

          petitioner has surfaced in the confessional statement. Nothing

          has been recovered from his conscious possession. It has further

          been submitted that similarly situated other co-accused person

          has already been granted bail by this court vide Cr. Misc. No.

          48253 of 2025. The case of this petitioner stands on similar

          footing. Moreover, the petitioner is languishing in judicial

          custody since 15.02.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       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. The above named

          petitioner is directed to be released on bail in connection with

          Banke Bazar P.S. Case No. 25 of 2025 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate,
            Patna High Court CR. MISC. No.51 of 2026(2) dt.05-02-2026
                                                        3/3




                      First Class, Sherghati, Gaya with a condition that the petitioner

                      shall cooperate in the trial and shall remain physically present

                      before the learned trial court on each and every fixed date.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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