Patna High Court
Rajkumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 308(2), 351(1), 351(3), 352, 61(2)
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
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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
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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
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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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