Patna High Court
Raghu Paswan @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 190, 191(2), 191(3), 351(3), 352, 61(2)
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
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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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