Created by Fuzzy Cloud

Patna High Court

Dhirendra PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.