Patna High Court
Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed.
Summary
The petitioner, Shankar Paswan, was charged with murder under Section 103(1) of the Bihar Negotiable Instruments Act and with an offence under Section 27 of the Arms Act. The prosecution alleged that the mother of an informant was staying with the petitioner after her husband's death, and that a quarrel over pension money led to the deceased being killed on the night of the incident, after which the petitioner disappeared. The petitioner has been in custody since July 29, 2025, and claims innocence, arguing that the crime would have been discovered earlier if he had committed it. The court examined the specific allegation of killing and, considering the seriousness of the charge, was not inclined to grant regular bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to this bail application and do not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused of murder and an offence under the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1)
Subjects
- regular bail
- murder
- Arms Act
- Section 103(1) Bihar Negotiable Instruments Act
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91889 of 2025
Arising Out of PS. Case No.-1187 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Shankar Paswan S/O Sri Brij Nandan Paswan Resident of Village- Jaitiya,
P.S.- Gaurichak, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection
with Phulwarisharif P.S. Case No. 1187 of 2025 registered for
the offence under Sections 103(1) of the BNS and under Section
27 of the Arms Act.
3. As per the prosecution case, the mother of the
informant started staying with the petitioner (Shankar Paswan)
after the death of her husband. Shankar Paswan used to quarrel
on the pension amount with the deceased. On the night of
occurrence, the deceased was killed and thereafter Shankar
Paswan has disappeared from the room.
4. The petitioner is in custody since 29.07.2025.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91889 of 2025(5) dt.27-04-2026
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the petitioner is innocent and has falsely been implicated in this
case. He further submits that if the petitioner would have killed
the deceased then the informant would have woken up but the
same did not happened and the crime was discovered in the
morning.
6. Considering the facts of the case and the
specific allegation of killing the deceased levelled against the
petitioner, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application is dismissed.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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