Created by Fuzzy Cloud

Patna High Court

Sanjeet PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond and specified conditions.

Summary

Petitioner Sanjeet Paswan was arrested on 26-08-2025 in connection with FIR dated 25-08-2025 alleging that he, along with others, threw bombs at an informant's terrace, violating sections of the Bihar Narcotic Substances Act, 2023 and the Explosive Substances Act. The petitioner claimed he was falsely implicated, that the FIR contained only a generic allegation against all accused, and that the injury to the informant's daughter was minor. The prosecution opposed bail, citing a prior criminal antecedent, though the petitioner was already on bail in another matter. The court examined the material facts, the nature of the alleged offences, and the petitioner’s antecedents, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under the Bihar Narcotic Substances Act, 2023 and the Explosive Substances Act.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
  • Whether the generic allegations in the FIR are sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • explosive substances
  • false FIR
  • prior criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6687 of 2026
                 Arising Out of PS. Case No.-47 Year-2025 Thana- BANDHUWA KURAWA District- Banka
                 ======================================================
                 Sanjeet Paswan S/O Dinesh Paswan Resident of Village- Amba Tari, P.S-
                 Bandhuwa Kurawa, Distt.- Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Saurabh Raj, Advocate
                 For the Opposite Party/s :     Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   01-05-2026                      Heard Mr. Saurabh Raj, learned counsel for the

                   petitioner and Mr. Jharkhandi Upadhyay, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.08.2025 in connection with Bandhuwa Kurawa P.S. Case No.

                   47 of 2025, F.I.R. dated 25.08.2025 for the offences punishable

                   under Sections 126(2), 109, 352, 351(2) and 3(5) of the BNS,

                   2023 and Section 3/4 of the Explosive Substance Act.

                               3. According to prosecution case, this petitioner along

                   with other accused persons threw bombs on the informant's

                   terrace with intention to harm him and his family.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.6687 of 2026(4) dt.01-05-2026
                                            2/3




          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. From perusal of the FIR it appears that there

          is no specific allegation against the petitioner rather there is

          general and omnibus allegation against all the accused persons

          including this petitioner. He further submits that although the

          daughter of the informant has received injury but her injury is

          simple in nature. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          The petitioner is in custody since 26.08.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one but fairly submits that he is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate 1st Class, Banka in connection with Bandhuwa

          Kurawa P.S. Case No. 47 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.6687 of 2026(4) dt.01-05-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that 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 bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.