Patna High Court
Shishupal Paswan @ Deepak Paswan @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
Shishupal Paswan was arrested in connection with a case alleging assault with firearms and sharp weapons, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, stating he was merely an order‑giver and that no incriminating material was found on him. The State opposed bail, citing the seriousness of the offences. The Court considered the facts, the period of custody since 13‑08‑2025, and the petitioner’s two prior bail cases, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the period of custody and the petitioner’s antecedents justify the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 127(1), 190, 191(2), 303(2), 329(3), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- assault
- firearms
- high court
- bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86728 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- SARE District- Nalanda
======================================================
Shishupal Paswan @ Deepak Paswan @ Deepak Kumar Son of Late
Sidheshwar Paswan R/o Village - Amar Singh Vigha, P.S. - Sare Distt. -
Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Asha Verma, Advocate
Mr. Manish Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard Ms. Asha Verma, learned counsel for the
petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Sare
P.S. Case No. 67 of 2025, instituted for the offences punishable
under Sections 191(2), 190, 127(1), 109(1), 115(2), 117(2),
329(3), 303(2), 351(2), 352 of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that the accused
persons including the petitioner, armed with firearms and sharp
weapons, assaulted the informant and his family members near
their house. It is further alleged that on the order of petitioner
the alleged occurrence took place.
Patna High Court CR. MISC. No.86728 of 2025(2) dt.15-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that no specific allegation of assault has been
attributed against the petitioner. It is next submitted that the
petitioner is only the order giver. It is further submitted that the
petitioner is gotiya of the informant. The petitioner is in custody
since 13.08.2025 and has got two criminal antecedents in which
he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sare P.S. Case No.
67 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.86728 of 2025(2) dt.15-01-2026
3/3
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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