Patna High Court

Shankar Paswan @ Shankar PasawanversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Shankar Paswan was arrested in connection with the murder of Rahul Kumar, alleged to have been shot by unknown assailants. The prosecution alleged that Paswan, along with others, was responsible, citing sections 103(1), 61(2), 3(5) of the BNS and Section 27 of the Arms Act. Paswan contended that he was falsely implicated due to a rivalry stemming from a panchayat election and that no material evidence linked him to the crime, noting that only mobile tower data of co‑accused was found at the scene. He had been in judicial custody since 30‑08‑2025 and had no prior criminal record. The High Court, after considering the lack of substantive evidence and the circumstances, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
Whether mere suspicion and rivalry constitute sufficient ground to deny bail.
Whether the evidence presented by the prosecution establishes a prima facie case against the petitioner.

Legislation cited

Arms Act — s. 27
BNS — s. 103(1), 3(5), 61(2)

Subjects

regular bail
murder
Arms Act
suspicion
panchayat election
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88940 of 2025
                   Arising Out of PS. Case No.-140 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Shankar Paswan @ Shankar Pasawan S/o Ramshish Paswan R/o Vill-
                 Baligarh, P.S.- Runnisaidpur, Distt- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Uday Kumar, Advocate
                 For the Opposite Party/s :      Mr.Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103 (1), 61

                   (2) and 3(5) of the BNS and Section 27 of the Arms Act.

                                3.    The case of the prosecution is that the informant

                   was informed over the phone that his son, namely, Rahul Kumar

                   had been shot by unknown miscreants at Morang Road, P.S.

                   Mahindwara, Sitamarhi. Upon receiving the said information,

                   the informant along with his family members rushed to

                   SKMCH, Muzuffarpur where his son was declared dead. The

                   informant suspected that the petitioner along with others had

                   killed his son alleging that they had earlier threatened him with

                   dire consequences.
Patna High Court CR. MISC. No.88940 of 2025(2) dt.08-01-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          name of the petitioner has surfaced merely on suspicion and

          save and except such suspicion, there is no material on record

          to connect him with the alleged occurrence. It is further

          submitted that there exists rivalry between the parties on

          account of ‘panchayat’ election. It is contended that a perusal of

          the order passed by the trial Court would transpire that the

          Investigation Officer has found the tower location of the mobile

          phones of co-accused persons namely, Babul Kumar, Yuvraj

          Kumar, Bablu Kumar and Kishan Kumar at the place of

          occurrence. Moreover, the petitioner is languishing in judicial

          custody since 30.08.2025 having no criminal antecedent.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Mahindwaras P.S. Case No. 140 of 2025

          on furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned
            Patna High Court CR. MISC. No.88940 of 2025(2) dt.08-01-2026
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                      Judicial Magistrate, 1st Class, Sitamarhi.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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