Patna High Court
Sanjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 126(2), 3(5), 351(2), 352
- Explosive Substances Act — s. 3, 4
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
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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
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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
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