Patna High Court
Horil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed regular bail to the petitioner.
Summary
The petitioner, Horil Paswan, was charged under IPC sections 147, 148, 149, 324, 307, 504 and Section 27 of the Arms Act for allegedly firing on the victim. He had been in custody since 25 April 2025 and his earlier bail application was dismissed as withdrawn. He pleaded innocence and argued that, since charges had been framed, he was entitled to regular bail. The State opposed the bail. The Patna High Court, noting the petitioner’s clean antecedent, the framing of charges, and the period of custody, allowed the regular bail, directing a bond of Rs 10,000 with two sureties and imposing conditions of cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail after charges have been framed for offences under the IPC and Arms Act
- Whether the seriousness of the offences and the period of custody justify denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 324, 504
Subjects
- regular bail
- IPC offences
- Arms Act
- charges framed
- high court
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84213 of 2025
Arising Out of PS. Case No.-13 Year-2010 Thana- KANHAULI District- Sitamarhi
======================================================
Horil Paswan S/o- Naga Paswan R/v- Bhaluaha @ Bhaluha Ps- Kanhauli
Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 08-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 147/ 148/
149/ 324/ 307/ 504 of the Indian Penal Code and Section 27 of
the Arms Act. Earlier the bail application of the petitioner was
dismissed as withdrawn vide order dated 27.08.2025 passed in
Cr. Misc. No. 57211 of 2025.
3. As per the prosecution case, petitioner is alleged to
have fired upon the victim, causing injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits since the charges
have been framed, the petitioner deserves privilege of bail.
Patna High Court CR. MISC. No.84213 of 2025(4) dt.08-05-2026
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Petitioner has clean antecedent and he is in custody since
25.04.2025. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody of the petitioner
and the submission of learned counsel for the petitioner that the
charges have been framed, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court below in connection with
Kanhauli P.S. Case No. 13 of 2010.
8. As a condition of this order, the petitioner after
being released on bail is directed to co-operate in the trial either
by appearing personally or through his lawyer in the Trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. The court below is directed to ensure that the
charges have been framed before accepting the bail bond of the
Patna High Court CR. MISC. No.84213 of 2025(4) dt.08-05-2026
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petitioner and, if the charges are framed, the bail bond of the
petitioner shall be accepted, otherwise the bail bond of the
petitioner shall be accepted after framing of charge.
(Sandeep Kumar, J)
tusharika/-
U T
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