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Patna High Court

Raghu Paswan @ Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not warranted as the allegations and nature of offences did not make the case fit for such relief.

Summary

The petitioner, Raghu Paswan, applied for anticipatory bail fearing arrest in connection with a case (PS No. 177 of 2025) involving alleged firing that injured a victim. The prosecution alleged offences under Sections 191(2), 191(3), 190, 103(1), 61(2), 352, 351(3) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner contended he had not assaulted anyone and possessed only one prior criminal antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court held that the circumstances did not warrant anticipatory bail and dismissed the application, directing the petitioner to surrender within two weeks and seek regular bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and the Arms Act in the present facts

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • bail denial
  • arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5141 of 2026
                    Arising Out of PS. Case No.-177 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
                 Raghu Paswan @ Chandan Kumar S/o Krishn Paswan R/o Vill - Hargopalpur,
                 P.S - Nagarnausa, Dist - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Birendra Kumar, Advocate
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Nagarnausa P.S. Case No. 177 of 2025 instituted under

                   Sections 191(2)/ 191(3)/ 190/ 103(1)/ 61(2)/ 352/ 351(3) of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per the prosecution case, unnamed criminals

                   fired indiscriminately which hit the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has not assaulted anyone. Petitioner has one criminal

                   antecedent.

                                5. Learned APP for the State has opposed the prayer

                   for anticipatory bail of the petitioner.

                                6. Considering the allegations levelled against the
              Patna High Court CR. MISC. No.5141 of 2026(3) dt.24-02-2026
                                                          2/2




                        petitioner, this is not a fit case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Nalanda will take all steps for arrest

                        of the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Superintendent of Police, Nalanda through FAX or e-mail for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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