Patna High Court
Pampal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is to be granted as the petitioners are not specifically implicated in the FIR and have clean antecedents.
Summary
The petitioners, seven individuals named Paswan, sought bail fearing arrest in a case (PS Alamnagar, Case No. 201 of 2025) that alleged offences under multiple sections of the Bhartiya Nyaya Sanhita and the Arms Act. The FIR specifically implicated co‑accused Pintu Mukhiya for firing at an informant, while the petitioners faced only a general, omnibus allegation with no specific overt act attributed to them. The petitioners argued they had clean antecedents and that the prosecution’s case lacked particularized charges against them. The State opposed the bail, contending the seriousness of the offences. The Court, considering the lack of specific allegations against the petitioners and the principle of liberty, ordered that they be released on bail upon furnishing bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners despite the pending charges under multiple sections of the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the FIR contains specific allegations against the petitioners sufficient to deny bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 191(2), 303(2), 308(3), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- specific allegation
- arms act
- section 482
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 91723 of 2025
Arising Out of PS. Case No.-201 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
1. Pampal Paswan Son of Lukhar Paswan Resident of Singhar, Ward no. 7, P.S.
- Alam Nagar, Dist. - Madhepura.
2. Siya Ram Paswan Son of Late Gohal Paswan Resident of Singhar, Ward no.
7, P.S. - Alam Nagar, Dist. - Madhepura.
3. Gunjesh Paswan Son of Late Dinesh Paswan Resident of Singhar, Ward no.
7, P.S. - Alam Nagar, Dist. - Madhepura.
4. Dilip Paswan Son of Kailash Paswan Resident of Singhar, Ward no. 7, P.S. -
Alam Nagar, Dist. - Madhepura.
5. Phulan Paswan Son of Dukhan Paswan @ Bhukhan Paswan Resident of
Singhar, Ward no. 7, P.S. - Alam Nagar, Dist. - Madhepura.
6. Kailash Paswan Son of Fago Paswan @ Fucho Paswan Resident of Singhar,
Ward no. 7, P.S. - Alam Nagar, Dist. - Madhepura.
7. Mithilesh Paswan Son of Mushaharu Paswan Resident of Singhar, Ward no.
7, P.S. - Alam Nagar, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Thakur, Adv.
Mr. Amish Kumar, Adv.
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 126(2), 115(2),
109(1), 308(3), 303(2), 352, 351(2), 351(3) of the Bhartiya
Nyaya Sanhita and Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that as
Patna High Court CR. MISC. No.91723 of 2025(2) dt.20-01-2026
2/2
per F.I.R. itself, specific accusation is against co-accused Pintu
Mukhiya, who fired upon informant and informant’s son,
causing grievous injury to informant. So far as these petitioners
are concerned, there is general and omnibus allegation and no
specific overt act has alleged against them. Case and counter
case. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
5. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned J.M. 1st Class, Udakishunganj, Madhepura in connection
with Alamnagar P.S. Case No. 201 of 2025, subject to condition
as laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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