Patna High Court
Saheb PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner subject to the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Saheb Paswan applied for bail after apprehending arrest in a case registered under Sections 109, 103, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleged that co‑accused Md. Nehal shot the informant's son, Tarkeshwar Paswan, and injured Krishna Paswan, but the injured party did not name Saheb Paswan as an assailant. The State opposed the bail petition. The Court examined the lack of any direct allegation against the petitioner and, applying Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, ordered bail on a bond of Rs.10,000 with two sureties, conditional on surrender within eight weeks. The order also directed compliance with the conditions set by the Additional Chief Judicial Magistrate, Mohania.
Issues considered
- Whether bail should be granted to the petitioner under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the absence of incriminating evidence in the FIR.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 109, 3(5)
Subjects
- bail
- criminal procedure
- Section 109 BNS
- Section 103 BNS
- Section 3(5) BNS
- Section 27 Arms Act
- Section 482 BNS
- FIR
- informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65252 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Saheb Paswan S/o Shambhu Paswan Resident of village - Mohania, Ward No.
12, P.S - Mohania, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 109, 103, 3(5) of the
Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per F.I.R., co-accused Md. Nehal is alleged to
have shot Tarkeshwar Paswan (son of informant) and in course
of rescue, one Krishna Paswan also got injured.
4. Learned counsel for the petitioner submits that it is
specific case of the informant that co-accused Md. Nehal shot
son of informant. During investigation, Krishna Paswan, who
got injured in the alleged occurrence, neither named this
petitioner, as assailant of the deceased, nor alleged any overt act
against this petitioner.
Patna High Court CR. MISC. No.65252 of 2025(5) dt.28-01-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M., Mohania, District Kaimur at Bhabhua in connection
with Durgawati P.S. Case No. 150 of 2025, subject to condition
as laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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