Patna High Court
Monu Paswan @ Sanjiv Kumar @ Monu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, directing the petitioner to be released on bail if arrested within four weeks, subject to bond and surety conditions.
Summary
The petitioner, Monu Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that he fired a weapon, though no one was injured. The petitioner pleaded innocence and argued that the allegations did not constitute a cognizable offence warranting pre‑emptive release. The State opposed the bail, contending that the offences were serious and bail should be denied. The Court, after considering the facts and the provisions of Section 482(2) of the BNSS, granted anticipatory bail subject to bond and surety conditions, allowing release if arrested within four weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita for offences under Sections 109, 352, 351(2), 3(5) of the BNSS and Section 27 of the Arms Act?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- pre‑emptive release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88701 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Monu Paswan @ Sanjiv Kumar @ Monu Kumar Son of Jeetu Paswan @
Indrajeet Paswan Resident of Village- Kare P.S.- Sheikhpura, District-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Sheikhpura P.S. Case No. 246 of 2025 registered for offences
under Sections 109, 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is alleged
to have fired which did not hit anyone.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.88701 of 2025(2) dt.15-01-2026
2/2
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Sheikhpura/concerned Court below in connection
with Sheikhpura P.S. Case No. 246 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…