Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22713 of 2026 Arising Out of PS. Case No.-185 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== Naresh Paswan S/o Late Chamru Paswan Resident of vill- Shyamgharari, ward no. 5, PS- Morkahi, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Morkahi(Amushi) P.S. Case No. 185 of 2025, registered for the offences under Sections 25(1-b)a, 26 of the Arms Act.

3. As per the prosecution case, police received secret information about petitioner keeping firearms and ammunitions in his house. A raid was conducted and recovery of two country made katta loaded with one live cartridge each was made from the house of the petitioner which was kept concealed behind the television set. The petitioner was apprehended from the spot.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been

Patna High Court CR. MISC. No.22713 of 2026(3) dt.15-07-2026 2/3 falsely implicated in this case. Nothing incriminating has been recovered from person or possession of the petitioner. Seizure list contains the FIR number and it creates doubt over the prosecution case as it appears the FIR was registered earlier and thereafter seizure was effected. There is non-compliance of Section 103(4) of the BNSS. The petitioner is in custody since 24.12.2025. Charge sheet has been submitted. Petitioner has no criminal antecedent.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet against the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria/concerned court, in connection with Morkahi(Amushi) P.S. Case No. 185 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.22713 of 2026(3) dt.15-07-2026 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T