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Patna High Court

Mukesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the circumstances did not warrant release of the petitioner.

Summary

Mukesh Paswan was arrested in July 2025 for alleged involvement in a 2018 FIR that charged him with offences under the IPC, Arms Act, Explosive Substances Act and the UAPA, including alleged Maoist activities. He applied for bail, arguing that co‑accused had been released on regular bail and that he could seek bail after charge framing. The court noted the FIR’s age, his evasion of law for over five years, prior UAPA cases, and the seriousness of the charges, and found no justification for bail. The State opposed bail, emphasizing the subversive nature of the alleged acts. Consequently, the court rejected the bail application. The petition was dismissed without granting any relief.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving serious offences under the IPC, Arms Act, Explosive Substances Act and the UAPA.

Legislation cited

Subjects

  • bail
  • UAPA
  • Maoist
  • IPC offences
  • Arms Act
  • Explosive Substances Act
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91640 of 2025
                       Arising Out of PS. Case No.-55 Year-2018 Thana- DUMARIYA District- Gaya
                 ======================================================
                 Mukesh Paswan S/O Krishna Paswan Resident of village- Kothilawa, P.S.-
                 Lutua, Distt.- Gayaji, State- Bihar
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Nikhil, Advocate
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   10-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 147, 148, 307, 353, 504, 506

                   and 120(B) of the Indian Penal Code, Sections 25(1-b), 26, 27

                   and 35 of the Arms Act, Sections 3, 4 and 5 of the Explosive

                   Substances Act as well as Sections 16, 18 and 20 of the U.A.P.

                   Act.

                                3. The Court was not inclined to release the petitioner

                   on bail as the FIR is of the year, 2018 and the petitioner kept

                   evading the law for more than five years and ultimately was

                   arrested on 24.07.2025 and has antecedent of two cases under

                   the U.A.P. Act and the allegation as alleged in the FIR is that the

                   the petitioner along with others are members of Maoist

                   Organization and they do subversive work against the
           Patna High Court CR. MISC. No.91640 of 2025(3) dt.10-04-2026
                                                       2/2




                     government and even imposed levy, print leaflets of their

                     organization and distribute them and spread panic amongst the

                     general public which has the effect of creating fear amongst the

                     public.

                                  4. Since it has been submitted that similarly situated

                     co-accused Manu Yadav and Laxmikant Paswan @ Amrit have

                     been granted the privilege of regular bail by the learned District

                     Court, as such, the petitioner be also granted the same relief

                     based on parity, hence, the petitioner would be at liberty to

                     renew his prayer for bail after framing of charge.

                                  5. Considering the submissions made by the learned

                     A.P.P. for the State, the Court is not inclined to release the

                     petitioner on bail in connection with Dumaria P.S. Case No. 55

                     of 2018 pending in the Court of learned Sub-Divisional Judicial

                     Magistrate, Sherghatti, Gajay Ji/Successor Court.

                                  6. Hence, the prayer for bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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