Patna High Court
Mukesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 25(1-b), 26, 27, 35
- Explosive Substances Act — s. 3, 4, 5
- Indian Penal Code — s. 120(B), 147, 148, 307, 353, 504, 506
- Unlawful Activities (Prevention) Act — s. 16, 18, 20
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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