Patna High Court

Girja PaswanversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

The court held that bail should be granted to the petitioner subject to conditions.

Summary

Girja Paswan was arrested during a raid based on secret information, alleged to have a country‑made pistol, two barrels, a country‑made katta and two iron lockers. He filed a bail petition claiming innocence, stating that nothing incriminating was recovered from him and that he is already on bail in two other cases. The State opposed, asserting that articles for manufacturing illegal firearms were recovered from the petitioner’s house. The court considered the custody period, the submission of the charge‑sheet and the parties’ submissions, and ordered the petitioner’s release on bail with a Rs.10,000 bond, two sureties, one of whom must be a close relative, and compliance with Section 480(3) of the BNSS. The bail is subject to conditions of attendance before the court and cancellation upon violation.

Issues considered

Whether bail should be granted to the accused under Sections 25(1‑B)a and 26 of the Arms Act
Whether the recovery of alleged illegal firearm manufacturing articles from the accused's house justifies denial of bail
Whether the period of custody and pending charge‑sheet affect bail eligibility

Legislation cited

Arms Act — s. 25(1‑B)a, 26
BNSS — s. 480(3)

Subjects

bail
Arms Act
illegal firearms
Section 480(3) BNSS
criminal procedure
custody
charge‑sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84262 of 2025
                     Arising Out of PS. Case No.-226 Year-2025 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Girja Paswan Son of Late Tohi Paswan Resident of Village- Bakhityarpur,
                 P.S.- Haspura, District- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Haspura P.S. Case No. 226 of 2025 registered

                   for the alleged offences under Sections 25(1-B)a, 26 of the Arms

                   Act.

                                03. As per prosecution case, the petitioner was

                   apprehended with a country made pistol, two barrels, a country

                   made katta and two iron locker when a raid was conducted on

                   the basis of secret information.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case and nothing incriminating has been recovered from the

                   person or possession of the petitioner. Learned counsel further
Patna High Court CR. MISC. No.84262 of 2025(3) dt.11-02-2026
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          submits that the petitioner is in custody since 05.08.2025 and

          charge-sheet has been submitted. The petitioner is having

          antecedent of two cases and he is on bail in both the cases.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that the

          articles for manufacturing illegal firearms were recovered from

          the house of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with submission of

          charge-sheet, the petitioner above named is directed to 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 learned Judicial Magistrate 1st Class/court

          concerned, Aurangabad in connection with Haspur P.S. Case

          No. 226 of 2025, subject to the conditions mentioned in Section

          480(3) of BNSS and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each and

                       every date fixed by the court below.

                       (iii) In case of absence on three consecutive dates
           Patna High Court CR. MISC. No.84262 of 2025(3) dt.11-02-2026
                                                       3/3




                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T

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