Patna High Court
Kapil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on a bond with specified conditions.
Summary
Kapil Paswan was arrested in connection with a bomb blast at an Airtel mobile tower, charged under several IPC sections (147, 148, 149, 435, 436, 120(B)), the Explosive Substances Act (sections 3 and 4) and the CLA Act (section 17). The petitioner claimed he was falsely implicated for political reasons, asserting no incriminating material was found on him and that other co‑accused had already been granted bail. The State opposed the bail application. The court examined the nature of the allegations, the length of the petitioner’s custody since October 2024, and the lack of direct evidence linking him to the offence. Considering these factors and the precedent of bail being granted to other accused, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the CrPC. The bail was conditioned on the presence of the petitioner at court dates and the involvement of a close relative as a bailor.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges involving explosives and rioting.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the lack of material evidence against the petitioner warrants his continued detention.
Legislation cited
- C.L.A. Act — s. 17
- Code of Criminal Procedure, 1973 — s. 480(3)
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120(B), 147, 148, 149, 435, 436
Subjects
- bail
- explosive substances
- IPC offences
- political motivation
- criminal procedure
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73814 of 2025
Arising Out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya
======================================================
Kapil Paswan S/o Pun Paswan R/o Village - Menka Barakala, P.S - Imamganj,
District – Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Swati Parmar, Advocate
Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Dumariya P.S. Case No. 14 of 2024 registered
for the alleged offences under Sections 147, 148, 149, 435, 436,
120(B) of the Indian Penal Code and Section 3 and 4 of
Explosive Substance Act and Section 17 of C.L.A. Act.
03. As per prosecution case, on coming to know about
MCC extremists blowing an Airtel Mobile Tower, the informant
Police Inspector reached there and from the spot recovered a
bomb in a five liter steel jerry can which was handed over to
bomb disposal unit. Thereafter, 50 persons have been named in
the FIR apart from 50 unknown extremists for being involved in
the said occurrence. The petitioner is stated to be one of the
Patna High Court CR. MISC. No.73814 of 2025(3) dt.21-01-2026
2/3
named persons in the FIR.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. There is no material to show the involvement of the
petitioner in the occurrence. Nothing incriminating has been
recovered from person or possession of this petitioner. The
petitioner has been made accused in this case due to local
politics. Other similarly placed co-accused persons, namely Atal
Manjhi @ Lakhan Bhuian @ Lakhan Rikiyasan and Nanhu
Yadav @ Chandan @ Suresh have been granted bail by a Co-
ordinate Bench vide order dated 28.10.2024 passed in Criminal
Misc. No. 68079 of 2024. Co-accused, Darogi Singh Bhokta @
Uma Singh Bhokta, Lalvir Singh @ Vikash Singh and Jay Ram
Yadav @ Prasad Yadav and Sanjay Yadav @ Ram Sanan Yadav
have also been granted bail vide orders dated 17.06.2025 passed
in Criminal Misc. Nos. 4510 of 2025, 6897 of 2025, 24787 of
2025 and 28781 of 2025, respectively. The petitioner is having
antecedent of three cases and he is on bail in all those case. The
petitioner is in custody since 06.10.2024. The trial is continuing
in this case after framing of charge.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
Patna High Court CR. MISC. No.73814 of 2025(3) dt.21-01-2026
3/3
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and the period of custody of the petitioner,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub Divisional Judicial Magistrate, Sherghati, Gayaji/court
concerned in connection with Dumariya P.S. Case No. 14 of
2014, subject to the conditions mentioned in Section 480(3) of
BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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