Patna High CourtCR. MISC./28932/2026dismissed

Dev Kumar Paswan v. The State Of Bihar

2026-05-07Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28932 of 2026 Arising Out of PS. Case No.-55 Year-2018 Thana- DUMARIYA District- Gaya ====================================================== Dev Kumar Paswan S/o Vanshi Paswan Resident of Village - Reganiya Mircha, P.S - Amas, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swarna Roy, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Dumariya P.S. Case No. 55 of 2018 registered for the offence under Sections 147, 148, 307, 353, 504, 506, 120(b) of the Indian Penal Code, under Section 25(1-B), 26, 27, 35 of the Arms Act, under Section 3, 4 and 5 of the Explosive Act and under Section 16, 18, 20 of the UAP Act

3. Earlier the bail application of the petitioner has been rejected vide order dated 17.09.2025 passed in Cr. Misc. No. 63252 of 2025, which reads as under:

"Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in

Patna High Court CR. MISC. No.28932 of 2026(2) dt.07-05-2026 2/3 connection with Dumariya P.S. Case No. 55 of 2018 registered for the offence under Sections 147, 148, 307, 353, 504, 506, 120(b) of the Indian Penal Code, under Section 25(1-B), 26, 27, 35 of the Arms Act, under Section 3, 4 and 5 of the Explosive Act and under Section 16, 18, 20 of the UAP Act.

3. As per the prosecution case, the allegation against the petitioner is that he is active member of Naxalite group and on raid several incriminating articles have been recovered from the petitioner and others.

4. The petitioner is in custody since 11.05.2025.

5. It has been submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR and he has falsely been implicated in this case.

6. Learned counsel for the State has submitted that during investigation, the petitioner's involvement has come and he is an absconder in a case of 2018.

7. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed."

4. Learned counsel for the petitioner submits that though the charge has been framed and the trial has commenced.

5. Considering the gravity of the offence, the fact that the trial has started and no fresh ground for grant of bail is made out, I am not inclined to review my earlier order.

6. Accordingly, the application stands dismissed.

7. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail

Patna High Court CR. MISC. No.28932 of 2026(2) dt.07-05-2026 3/3 application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T