Pradeep Kumar Paswan @ Praduman Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24304 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- AGIAON District- Bhojpur ====================================================== Pradeep Kumar Paswan @ Praduman Paswan S/o- Krishan Ram Resident of Village- Shantinagar, P.S. Agion (G), District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-05-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Agiaon (G) P.S. Case No. 11 of 2025 dt: 28.01.2025 instituted for the offence under section 25(1-b)(a), 26, 27, 35 of the Arms Act.
3. Brief facts of the prosecution case in short is that the informant, who happens to be the S.H.O. of Agiaon (G) Police Station received message on the government mobile phone through whatsapp that two persons were raising arms in front of the shop of Sanjay Sah. During enquiry he came to know that out of these two persons, one was Bhola Gope. During investigation he came to know that Bhola Gope is hiding himself in Kaimur district. On 27.01.2025 at about 20:00 o'clock he went to Mundeshwari under Bhagwanpur P.S. and
Patna High Court CR. MISC. No.24304 of 2025(2) dt.02-05-2025 2/3 arrested Bhola Gope in Mundeshwari Bihar Hotel. During interrogation he admitted that he along with Praduman Paswan (petitioner) made firing and hide the arms in the bush behind the stadium. The said arms were seized on the identification of the arrested person.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has not committed any offence. The name of the petitioner has surfaced in the confessional statement of the arrested co-accused / Bhola Gope with whom the petitioner is having previous enmity. It is submitted that the incident took place on 21.01.2025 in front of the shop of Sanjay Sah but no information was given to the Police by the said Sanjay Sah. He next submits that though the occurrence took place on 21.01.2025 but the F.I.R. was lodged on 28.01.2025 without any plausible explanation for the delay.
5. I have heard learned counsel for the petitioner and gone through the material available on record. The learned Additional Sessions Judge-XIII, Bhojpur at Ara in the impugned order has recorded that seizure list is mentioned in paragraph nos. 3 & 4 of the case diary which is related to the recovery of arms, re-statement of the informant is recorded in paragraph no. 5 of the case diary wherein he has supported the case of prosecution,
Patna High Court CR. MISC. No.24304 of 2025(2) dt.02-05-2025 3/3 in paragraph no. 9 & 12 of the case diary there is discussion regarding the place of occurrence and in paragraph nos. 15, 16 & 17 statement of witnesses have been recorded who have supported the case of prosecution. The case is still under investigation.
6. Considering the gravity of offence and the severity of punishment, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.
(Anil Kumar Sinha, J) praful/- U