Patna High Court
SUNIL PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is refused.
Summary
Sunil Paswan applied for anticipatory bail after being named in FIR No. 16 of 2025 for offences under Sections 191(2), 126(2), 115(2), 308(3), 103(1) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging involvement in an armed assault that resulted in the death of an informant's brother. The petitioner asserted his innocence, claimed a clean antecedent, and argued that his inclusion was merely on suspicion. The State opposed the bail, relying on statements of two injured witnesses who supported the prosecution's case. The court examined the seriousness of the allegations and the material on record. Considering the nature of the accusations and the witness testimony, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the prevailing facts and evidence.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 126(2), 191(2), 308(3)
Subjects
- anticipatory bail
- criminal procedure
- assault
- murder
- arms act
- Bharatiya Nyaya Sanhita
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86158 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- RATWARA District- Madhepura
======================================================
SUNIL PASWAN Son of Rambilash Paswan R/o Village Kapsiya Ward No. 7,
P.S.- Ratwara (Alamnagar), District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Ratwara P. S. Case
No. 16 of 2025 registered for the offences punishable under
Sections 191(2), 126(2), 115(2), 308(3), 103(1) of the Bharatiya
Nyaya Sanhita and Section 27 of the Arms Act.
3. Informant alleges that on 25.05.2025 at about 8:30
AM, all the F.I.R. named accused persons, including this
petitioner and 4-5 unknown persons, variously armed, abused
and assaulted brother of informant and other family members. It
is further alleged that the accused persons opened fire as a result
of which brother of the informant died on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case only on suspicion. Petitioner
Patna High Court CR. MISC. No.86158 of 2025(3) dt.20-02-2026
2/2
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that during investigation, in
paragraph no. 6 of the case diary, two of the injured witnesses
Anand Raj and Guddu Singh have supported the prosecution
case against this petitioner.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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