Patna High Court
Vishwanath PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that regular bail should be granted as the petitioner was not named in the FIR, a charge‑sheet was filed, and the circumstances did not warrant denial of bail.
Summary
Vishwanath Paswan applied for regular bail in a case registered under Sections 103(2), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, relating to a murder arising from a land dispute. The prosecution alleged a conspiracy involving the accused and unknown persons, but Paswan was not named in the FIR, only alleged as a conspirator. He had been in custody since 16 October 2025 and a charge‑sheet had already been filed. The State opposed bail, citing the seriousness of the offences. The Court, considering the petitioner’s non‑mention in the FIR, the existence of a charge‑sheet, and the period of custody, allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether a person not named in the FIR but alleged as a conspirator is entitled to regular bail.
- Whether the nature of offences under the Bharatiya Nyaya Sanhita and the Arms Act precludes grant of bail.
- Whether the custody period and filing of charge‑sheet affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(2), 61(2)
Subjects
- regular bail
- conspiracy
- land dispute
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- charge sheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.720 of 2026
Arising Out of PS. Case No.-418 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Vishwanath Paswan S/o Feku Paswan R/o Village- Basha, ward no 7, P.S.-
Bajpatti, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate
Mr. Tabish Sharfuddin, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Dumra P. S. Case No. 418 of 2025 registered for the offences
punishable under Sections 103(2), 61(2) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, all the F.I.R. named
accused persons along with some unknown miscreants, under a
conspiracy, killed the brother of informant by gunshot, due to
land dispute.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and he is only alleged to be
one of the conspirators. Petitioner is in custody since 16.10.2025
Patna High Court CR. MISC. No.720 of 2026(4) dt.30-03-2026
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and charge-sheet has already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, period of
custody and the fact that charge-sheet has been submitted, this
bail application is allowed. The petitioner, above named, is
directed to 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 Chief Judicial Magistrate,
Sitamarhi in connection with Dumra P. S. Case No. 418 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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