Patna High Court
Raghu Paswan @ Raghu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail is warranted as the prosecution evidence does not sufficiently connect the petitioner to the alleged offences, and therefore granted bail subject to prescribed conditions.
Summary
The petitioner, Raghu Paswan, applied for anticipatory bail in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where two persons were apprehended and a pistol with cartridges were recovered. The prosecution alleged his involvement, but no weapon was found at his residence or in his possession and the only link was a confessional statement and his prior criminal record. The petitioner’s counsel argued that there was no direct evidence tying him to the offence. The court examined the material, noted the lack of substantive proof, and exercised its power under Section 482 of the CrPC to grant anticipatory bail. Bail was ordered on the condition of a Rs 10,000 bond with two sureties, a close relative as one bailor, and compliance with attendance and verification requirements, with the order expressly limited to bail and not affecting the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Arms Act offences.
- Whether the mere existence of a criminal antecedent and a confessional statement suffices to deny bail.
- Whether conditions under Section 482 of the CrPC may be imposed in granting anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Arms Act
- Section 482 CrPC
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6214 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- NAGARNAUSA District- Nalanda
======================================================
Raghu Paswan @ Raghu Kumar S/O Krishn Paswan R/O Village-
Hargopalpur, P.S- Nagarnausa, Distt. - 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. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Nagarnausa P.S. Case No. 175 of 2025 dated
13.07.2025 instituted for the offences punishable under Sections
25(1-B) (a), 26, 35 of the Arms Act.
3. The prosecution case is to the effect that two
persons were apprehended and from them one country made
pistol and three live cartridges were recovered.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended at the place of occurrence and
on the disclosure made by the apprehended accused persons, it
has been stated that the petitioner was also along with the said
accused persons. It has further been submitted that no arms or
Patna High Court CR. MISC. No.6214 of 2026(2) dt.04-02-2026
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cartridge were recovered from the house of the petitioner nor
from his personal possession and he has been made an accused
only because he has one criminal antecedent. Lastly, it has been
submitted that apart from the confessional statement, there is
nothing on record to connect the petitioner with the aforesaid
case.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate
1st , Hilsa, Nalanda in connection with Nagarnausa P.S. Case
No. 175 of 2025, subject to the conditions as laid down under
Section 482 of the BNSS and subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
Patna High Court CR. MISC. No.6214 of 2026(2) dt.04-02-2026
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every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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