Patna High Court
Dhirendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court rejected the petitioner's bail application, holding that no ground for bail or review existed.
Summary
The petitioner, Dhirendra Paswan, was arrested in connection with a case registered under Sections 310(2) and 317(3) of the Bihar Negotiable Instruments Act (BNS) and Section 27 of the Arms Act. He had been in custody since 13 November 2024 and had previously applied for bail, which was rejected. The petitioner argued that a co‑accused, Abhishek Kumar, had been granted bail for similar charges, alleging inconsistency in the lower court's decisions. The High Court examined the bail application, noted that the charges were serious, that the petitioner was named in a self‑inculpatory statement and had antecedents, and observed that no witnesses had yet been examined. The Court directed the lower judge to file a show‑cause explanation for the disparate bail orders, ordered the police to ensure witness attendance, and ultimately rejected the petitioner's bail application, finding no ground for a review.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 310(2) and 317(3) of the BNS and Section 27 of the Arms Act
- Whether the lower court’s decision to grant bail to a co‑accused with similar allegations creates a legal inconsistency warranting intervention
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act (BNS) — s. 310(2), 317(3)
Subjects
- bail
- criminal procedure
- Section 310 IPC
- Section 317 IPC
- Arms Act
- inconsistency in bail orders
- show cause
- witness attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81411 of 2025
Arising Out of PS. Case No.-365 Year-2024 Thana- KHAJANCHI HAT District- Purnia
======================================================
Dhirendra Paswan Son of Late Bindeshwari Paswan Resident of village-
Madhuan, Ps- Jankinagar, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Khajanchi Hat P.S.
Case No. 365 of 2024 registered for the offence under Sections
310(2) and 317(3) of the BNS and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 09.04.2025 in Cr. Misc. No. 2045 of 2025, which
reads as follows:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Khajanchi Hat P.S. Case No.
365 of 2024 registered for the offence under
Section 310(2) of the BNS.
Patna High Court CR. MISC. No.81411 of 2025(2) dt.16-01-2026
2/3
3. As per the prosecution case, unknown
criminals committed daocity in a shop.
4. The petitioner is named in the self
inculpatory statement of the co-accused and the
petitioner has similar antecedent also.
5. The petitioner is in custody since
13.11.2024.
6. Considering the nature of allegation
levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is
dismissed.
8. During the course of argument, learned
counsel for the petitioner has invited the
attention of this Court to the order dated
29.10.2024 passed by the then District and
Additional Sessions Judge-1, Purnea (Shri Atul
Kumar Singh) in B.P. No. 1217 of 2024 by which
he has granted bail to one co-accused Abhishek
Kumar having similar allegations so as the
present petitioner namely Dhirendra Paswan
whose bail application has been rejected vide
order dated 12.12.2024 passed in B.P. No. 1428
of 2024 by the same judicial officer.
9. In these circumstances, the then District
and Additional Sessions Judge-1, Purnea (Shri
Atul Kumar Singh) is directed to file his show
cause, explaining therein, as to how he has
rejected the prayer for bail of the present
petitioner and has allowed the bail application
Patna High Court CR. MISC. No.81411 of 2025(2) dt.16-01-2026
3/3
of one co-accused Abhishek Kumar who was
also having similar allegations.
10. The show cause must be filed within
ten days from the date of receipt/communication
of a copy of this order.
11. List this case after two weeks for
perusal of the show cause.
12. Let a copy of this order be
communicated to the Principal District and
Sessions Judge, Patna through FAX for its
compliance.
4. Learned counsel for the petitioner submits that
though the charges have been framed but no witness has been
examined.
5. The Superintendent of Police, Purnia is directed to
ensure the attendance of the witnesses in the trial.
6. No ground for review is made out. Accordingly,
this application for regular bail stands rejected.
7. Let a copy of this order be communicate through
FAX/ e-mail to the Superintendent of Police, Purnia for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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