Patna High Court
Heera Paswan @ Heera KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied for Heera Paswan due to specific allegations and criminal antecedents, but granted to Amit Paswan as he was not named in the FIR and no specific allegation was made against him.
Summary
The High Court heard two anticipatory bail applications arising from FIR No. 142 of 2025 in Punaura, Sitamarhi, which alleged offences under several sections of the Bihar Negotiable Securitization Act (BNS) and Section 27 of the Arms Act. Heera Paswan was alleged to have fired a weapon, injuring two persons, and was specifically named in the FIR; the court rejected his anticipatory bail on the ground of a specific allegation and his criminal antecedents. Amit Paswan, a co‑accused, argued that he was not named in the FIR and no specific allegation of firing was made against him; the court found this credible and granted him bail subject to a bond and sureties under Section 482(2) of the BNSS. The State opposed both bail pleas. The court ordered that Amit be released on bail if arrested, while Heera’s bail application was dismissed.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail when the petitioner is specifically named in the FIR with a concrete allegation?
- Can anticipatory bail be granted to a co‑accused who is not named in the FIR and for whom no specific allegation of the principal offence exists?
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- FIR
- firearm offence
- criminal antecedents
- Bihar Negotiable Securitization Act
- Arms Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6267 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Heera Paswan @ Heera Kumar, Son of Ram Pratap Paswan R/o Village -
Girmisani, P.S. - Punaura, Dist. - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 7481 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Amit Paswan @ Amit Kumar Paswan Son of Late Suresh Paswan Resident of
village - Fatahpur Girmisani, P.S.- Punaura, District – Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 6267 of 2026)
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
(In CRIMINAL MISCELLANEOUS No. 7481 of 2026)
For the Petitioner/s : Mr.Ranjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Cr. Misc. No. 6267 of 2026
Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Punaura P.S. Case No. 142 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109, 352, 351(2), 3(5) of BNS and 27 of Arms Act.
3. As per FIR, due to previous enmity, petitioner Heera
Patna High Court CR. MISC. No.6267 of 2026(2) dt.09-02-2026
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Paswan equipped with firearm, opened fire upon the informant but
firearm injury was caused to one Asjad Raza on his thigh and other
bullet caused injury on stomach of Nashad Raza, whereafter the
accused/petitioner fired 2-3 times in the air and fled away from the
place of occurrence.
4. Considering the submission, as the allegation of firing
to cause bullet injury to Asjad Raza and Nashad Raza is specifically
available against this petitioner, who is also a man of criminal
antecedents, the prayer of anticipatory bail of the petitioner stands
rejected.
Cr. Misc. No. 7481 of 2026
Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Punaura P.S. Case No. 142 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109, 352, 351(2), 3(5) of BNS and 27 of Arms Act.
3. As per FIR, due to previous enmity one co-accused
Heera Paswan equipped with firearm, opened fire upon the
informant but firearm injury was caused to one Asjad Raza on his
thigh and other bullet caused injury on stomach of Nashad Raza,
Patna High Court CR. MISC. No.6267 of 2026(2) dt.09-02-2026
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whereafter the accused persons fired 2-3 times in the air and fled
away from the place of occurrence.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the name of petitioner transpired
during the course of investigation on the basis of a petition
preferred before police by family members of the informant,
suggesting his involvement with present crime in question. It is
submitted that as a matter of an afterthought, the said petition
was given to the investigating officer of this case. It is further
submitted that in view of the specific allegation of firing which is
available against co-accused, Heera Paswan, where the informant
is the eye-witness of the occurrence, the implication of this
petitioner with present crime in question is not appears convincing.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as petitioner was not named with FIR and
furthermore, the specific allegation of firing is not available against
him, accordingly, above named petitioner, in the event of his
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.6267 of 2026(2) dt.09-02-2026
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learned Chief Judicial Magistrate, Sitamarhi/concerned Court,
where the case is pending in connection with Punaura P.S. Case
No. 142 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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