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Patna High Court

Nana Patekar Paswan @ KajuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Nana Patekar Paswan was arrested in connection with an offence under Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The prosecution could not recover any weapon from the petitioner; a pistol was seized from another accused, Chandan, who had already been granted bail. The petitioner claimed he was falsely implicated based on a confessional statement made in a separate case and had been in judicial custody since 23‑09‑2025. He prayed for regular bail, and the State opposed the application. The High Court, after allowing a correction in the bail petition, found the lack of material evidence and the petitioner’s custody circumstances sufficient to grant bail on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Arms Act despite the absence of any weapon recovered from his possession.

Legislation cited

Subjects

  • bail
  • Arms Act
  • false implication
  • confessional statement
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7694 of 2026
                       Arising Out of PS. Case No.-62 Year-2025 Thana- Mission District- Sheikhpura
                 ======================================================
                 Nana Patekar Paswan @ Kaju S/o Binod Paswan R/o Village- Moti Bigha,
                 P.S.- Sarmera, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Dr. Anjani Pd. Singh
                 For the Opposite Party/s :         Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                   As prayed for, learned counsel for the petitioner is

                   permitted to make necessary correction in the bail petition.

                                2. Permission accorded.

                                3. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                4. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25 (1-b)a,

                   26 and 35 of the Arms Act.

                                5.     The case of the prosecution is that nothing has

                   been recovered from the possession of this petitioner rather a

                   counter made pistol was recovered from one Chandan.

                                6. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
            Patna High Court CR. MISC. No.7694 of 2026(2) dt.06-02-2026
                                                        2/2




                      petitioner was apprehended in Jayrampur P.S. Case No. 72 of

                      2025 wherein he allegedly made a confessional statement and

                      the name of this petitioner has surfaced in the present case on

                      the basis of the said confessional statement. It is further

                      submitted that nothing has been recovered from the possession

                      of this petitioner and that the alleged recovery has been made

                      from one Chandan, who has already been granted bail by a

                      Bench of this Court vide order dated 16.12.2025 passed in Cr.

                      Misc. No. 84961 of 2025.                    Moreover, the petitioner is

                      languishing in judicial custody since 23.09.2025.

                                   7.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   8. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Mission P.S. Case No. 62 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Sheikhpura.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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