Patna High Court
Shiko Paswan @ Shikko KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner.
Summary
Shiko Paswan was arrested in connection with the murder of an informant's husband and alleged violations of the Arms Act. The prosecution alleges that Paswan and co‑accused visited the informant’s house, after which the husband disappeared and was later found dead. Paswan’s counsel argued that only suspicion exists against him, he has a clean antecedent, and co‑accused have already been granted bail. The State opposed bail. Considering the lack of substantive material, the duration of custody, and the precedent of bail to similarly situated co‑accused, the Court ordered Paswan’s release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted in a murder case under Sections 103(1)/3(5) of the Bhartiya Nyaya Sanhita and the Arms Act when only suspicion exists.
- Whether the prior grant of bail to co‑accused influences the bail decision for the petitioner.
- Whether the period of custody and clean antecedent warrant bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- Arms Act
- suspicion
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8074 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Shiko Paswan @ Shikko Kumar Son of Shankar Paswan @ Subhankar
Paswan Resident of Village- Ramganj (Rajganj), ward no. 09, P.S.- Gwalapra,
District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1)/3(5) of the Bhartiya Nyaya
Sanhita, 2023 and Sections 25(1-B)a, 26, 27 of the Arms Act.
3 . As per prosecution case, on 05.04.2025 at 7 PM,
petitioner along with other co-accused persons came to the
house of informant and after taking tea, they along with
informant’s husband went out, but informant’s husband did not
return and subsequently, on the next day, the dead body of
informant’s husband was found.
4. Learned counsel for the petitioner submits that
only suspicion has been raised against this petitioner because
Patna High Court CR. MISC. No.8074 of 2026(2) dt.16-02-2026
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deceased was last seen with the petitioner. Except suspicion,
there is no cogent material against this petitioner to show his
complicity in the alleged offence . Petitioner claims clean
antecedent and is in custody since 23.07.2025 . Chargesheet
has been submitted. Similarly situated co-accused persons has
already been granted bail by this Hon’ble Court vide order dated
24.11.2025 in Cr. Misc. No. 61752 of 2025 .
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the aforesaid facts and circumstances
as well as period of custody , let the above named petitioner 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 learned S.D.J.M., Udakishunganj, District
Madhepura / concerned Court in connection with Bihariganj
P.S. Case No. 142 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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