Created by Fuzzy Cloud

Patna High Court

SUNIL PASWANversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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.