← Library
Patna High CourtCR. MISC./6267/2026bail rejected

Heera Paswan @ Heera Kumar v. The State Of Bihar

2026-02-09Mr. Justice Chandra Shekhar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6267 of 2026 Arising Out of PS. Case No.-142 Year-2025 Thana- PUNAURA District- Sitamarhi ====================================================== Heera Paswan @ Heera Kumar, Son of Ram Pratap Paswan R/o Village - Girmisani, P.S. - Punaura, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7481 of 2026 Arising Out of PS. Case No.-142 Year-2025 Thana- PUNAURA District- Sitamarhi ====================================================== Amit Paswan @ Amit Kumar Paswan Son of Late Suresh Paswan Resident of village - Fatahpur Girmisani, P.S.- Punaura, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 6267 of 2026) For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 7481 of 2026) For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-02-2026 Cr. Misc. No. 6267 of 2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Punaura P.S. Case No. 142 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352, 351(2), 3(5) of BNS and 27 of Arms Act.

3. As per FIR, due to previous enmity, petitioner Heera

2/4 Paswan equipped with firearm, opened fire upon the informant but firearm injury was caused to one Asjad Raza on his thigh and other bullet caused injury on stomach of Nashad Raza, whereafter the accused/petitioner fired 2-3 times in the air and fled away from the place of occurrence.

4. Considering the submission, as the allegation of firing to cause bullet injury to Asjad Raza and Nashad Raza is specifically available against this petitioner, who is also a man of criminal antecedents, the prayer of anticipatory bail of the petitioner stands rejected.

Cr. Misc. No. 7481 of 2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Punaura P.S. Case No. 142 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352, 351(2), 3(5) of BNS and 27 of Arms Act.

3. As per FIR, due to previous enmity one co-accused Heera Paswan equipped with firearm, opened fire upon the informant but firearm injury was caused to one Asjad Raza on his thigh and other bullet caused injury on stomach of Nashad Raza,

3/4 whereafter the accused persons fired 2-3 times in the air and fled away from the place of occurrence.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the name of petitioner transpired during the course of investigation on the basis of a petition preferred before police by family members of the informant, suggesting his involvement with present crime in question. It is submitted that as a matter of an afterthought, the said petition was given to the investigating officer of this case. It is further submitted that in view of the specific allegation of firing which is available against co-accused, Heera Paswan, where the informant is the eye-witness of the occurrence, the implication of this petitioner with present crime in question is not appears convincing.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as petitioner was not named with FIR and furthermore, the specific allegation of firing is not available against him, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

4/4 learned Chief Judicial Magistrate, Sitamarhi/concerned Court, where the case is pending in connection with Punaura P.S. Case No. 142 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T