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Patna High Court

Rajkumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Rajkumar Paswan, was charged under Sections 109, 308(2), 352, 351(1), 351(3), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for an alleged shooting incident involving two unidentified men on a motorcycle. The prosecution alleged that the accused fired two shots at a shop after demanding the identity of a person named Ramkumar Bhagat, creating panic among customers. The petitioner contended that he was falsely implicated, that the case was based solely on suspicion, and that his bail was denied only because of his past criminal antecedents. The State opposed the bail application. After hearing both sides, the Court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions such as regular court attendance, cooperation with the trial, and restrictions on tampering with evidence or witnesses. The order also required the petitioner to report to the local S.H.O. periodically until the trial concludes.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal record

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • suspicion
  • prior criminal record
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92046 of 2025
                   Arising Out of PS. Case No.-91 Year-2025 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Rajkumar Paswan, Male, aged about 35 years, son of Mahendra Paswan, R/o
                 of Village-Jogbani, P.S.-Gamharai, District-Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Mishra, Adv.
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Gamharia P.S. Case No. 91 of 2025 dated 07.05.2025

                   registered for the offence punishable under Sections 109,

                   308(2), 352, 351(1), 351(3) and 61(2) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                3. The prosecution case, in short, is that on the

                   alleged date of occurrence, two men arrived on a black

                   Apache motorcycle without number plate. The rider was

                   wearing a helmet and the pillion rider was wearing a cap

                   and mask. The pillion rider got off the motorcycle and

                   spoke to someone on the phone for a while, after which, he
Patna High Court CR. MISC. No.92046 of 2025(2) dt.15-01-2026
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          loudly asked, "Who is Ramkumar Bhagat?" Hearing this,

          the informant found the situation suspicious and started

          going inside the shop, then the said person took out his

          weapon and fired two shots towards the shop, both the

          bullets hit a mobil box and a paint box, after which the

          customers present there also started running here and there.

          Immediately after that both the unknown persons sat on the

          motorcycle and said in a loud voice that when I call you,

          you are not picking up the phone. Saying this, they left.

          Whereas about a month ago, a person had called on the

          informant's mobile and said in a loud voice that I am

          Ramkumar Paswan, give me Rs. 5 lakh within 24 hours,

          otherwise the consequences will be bad. After saying this,

          he hung up the phone.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that the petitioner has been made

          accused only on the basis of suspicion. There is no direct

          allegation against the petitioner. It is further submitted that

          the petitioner’s bail was rejected only on the basis of his

          past criminal antecedents. Lastly, it has been submitted that
Patna High Court CR. MISC. No.92046 of 2025(2) dt.15-01-2026
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          the petitioner is in custody since 04.06.2025, having eight

          criminal cases against him and charge-sheet has been

          submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          C.J.M., Madhepura in connection with Gamhariya P.S. Case

          No. 91 of 2025, subject to the following conditions:-

                                  1. Petitioner shall co-operate in the trial and
                          shall be properly represented on each and every
                          date fixed by the Court and on his absence on two
                          consecutive dates without sufficient reason, his bail
                          bond shall be cancelled by the Court below.

                                  2. One of the bailors will be his own blood
                          relation, preferably father, mother, brother, sister
                          and or his wife.

                                  3. The bailor shall also state on affidavit that
                          he will inform the court concerned if the petitioner
                          is made accused in any other case of similar nature
                          after his release in the present case and thereafter
            Patna High Court CR. MISC. No.92046 of 2025(2) dt.15-01-2026
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                                      the court below will be at liberty to initiate the
                                      proceeding for cancellation of bail on ground of
                                      misuse.

                                              4. If the petitioner tampers with the evidence
                                      or the witnesses, in that case, the prosecution will
                                      be at liberty to move for cancellation of bail.

                                              5. The petitioner within two weeks of his
                                      release from custody shall appear before the
                                      S.H.O. of his local area alongwith a copy of this
                                      order and shall appear every fortnightly to mark
                                      his attendance till conclusion of the trial.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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