Patna High Court
Mukesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Mukesh Paswan applied for anticipatory bail after being named in an FIR for murder and illegal possession of a firearm under Sections 103(2) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR alleges that Paswan, along with others, killed the informant's brother over a land dispute. Paswan's counsel argued that he was falsely implicated, citing lack of CCTV footage and no mention in co-accused confessions. The informant's counsel opposed bail, emphasizing the specific accusation in the FIR. The Court, considering the seriousness of the charges, refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(2), 61(2)
Subjects
- anticipatory bail
- murder
- arms act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82542 of 2025
Arising Out of PS. Case No.-418 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Mukesh Paswan S/O Late Ramchandra Paswan Resident of village- Parsauni,
P.S.- Dumra, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
For the Informant : Mr. Sanjay Kumar, Mr. Nishant Kr. Sinha, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Dumra P. S. Case
No. 418 of 2025 registered for the offences punishable under
Sections 103(2), 61(2) of the Bharatiya Nyaya Sanhita nad
Section 27 of the Arms Act.
3. As per F.I.R., on 21.08.2025 at about 5:30 PM, all
the named accused persons, including this petitioner, along with
some unknown miscreants committed murder of the brother of
informant by firing gunshot, due to dispute over five katha land.
On 19.08.2025, all the accused persons threatened the deceased
to register the land in their favour.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.82542 of 2025(4) dt.30-03-2026
2/2
petitioner is innocent and has committed no offence. Though
petitioner is named in the F.I.R. but neither his footage has been
captured in the CCTV footage nor his name transpired in
confessional statement of co-accused persons. Petitioner has
falsely been implicated in this case merely on the basis of
suspicion.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that petitioner is
named in the F.I.R. with specific accusation that he along with
other accused persons killed his brother by firing gunshot.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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