Patna High Court

Saroj PaswanversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond and two sureties.

Summary

The petitioner, Saroj Paswan, applied for bail in a case registered under Sections 310(4), 310(5), 61(2) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that a secret tip led police to apprehend five armed miscreants, with two escaping, and that the petitioner’s name appeared in the confessional statement of co‑accused Md. Zahid. The petitioner contended that no weapons were recovered from his possession, that the recovered articles were supplied by others, and that a similarly situated co‑accused had previously been granted bail. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail. Bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the narcotic and arms offences alleged.
Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
Whether the petitioner’s prior criminal antecedent warrants refusal of bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bihar Narcotic Substances Act, 2023 — s. 310(4), 310(5), 61(2)

Subjects

bail
criminal procedure
narcotic offences
arms act
confessional statement
prior criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87349 of 2025
                        Arising Out of PS. Case No.-196 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Saroj Paswan Son of Siyaram Paswan R/o Ward No. 5, P.O. - Rampur
                 Mathurapur, P.S. - Shivnarayanpur(Kahalgaon), District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Piyush Saurav, Advocate
                                                   Mr. Abhishek Mishra, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                     Heard Mr. Piyush Saurav, learned counsel for the

                   petitioner and Mr. Raj Kishor Singh, learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Korha P.S. Case No. 196 of 2025 registered for the offence

                   punishable under Sections 310(4), 310(5), 61(2) of the B.N.S.,

                   2023 and Sections 25(1-b)a/26/35 of the Arms Act.

                                 3. The case of the prosecution in short is that the

                   police had received a secret information that some miscreants

                   armed with weapon are planning to commit some offence.

                   Police reached there. It is further alleged that five persons were

                   apprehended while two persons managed to escape.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.87349 of 2025(2) dt.05-01-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that from the

          perusal of the FIR, it is clear that one Md. Zahid has disclosed

          that the articles which were recovered were supplied by the

          petitioner and one Ajay Kumar. He also submits that the

          recovery has been made from the house of Md. Zahid. Nothing

          has been recovered from the possession of this petitioner. The

          name of this petitioner has surfaced in the confessional

          statement of the co-accused, namely, Md. Zahid. He further

          submits that similarly situated other co-accused person namely,

          Mithilesh Kumar has been granted bail by this Court in Cr.

          Misc. No. 84926 of 2025. It has also been submitted that the

          petitioner is languishing in judicial custody since 21.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
           Patna High Court CR. MISC. No.87349 of 2025(2) dt.05-01-2026
                                                       3/3




                     Judicial Magistrate, Katihar in connection with Korha P.S. Case

                     No. 196 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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