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Patna High Court

Shiko Paswan @ Shikko KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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