Prakash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47301 of 2025 Arising Out of PS. Case No.-457 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Prakash Paswan, S/o Bijay Paswan 2.
Ranjit Chaudhary, S/o Ratan Chaudhary Both are resident of Village-Bhadeji, P.S.- Muffasil, District- Gaya. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshul, Senior Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-09-2025 Heard learned senior counsel appearing for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Gaya Muffasil P.S. Case No.457 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 109, 125, 122(1), 122(2), 113(3) and 111(4) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 25(9) and 27 of the Arms Act.
3. The accused/petitioners are named in the FIR and are in custody since 18.05.2025.
4. As per FIR, there was indiscriminate cross firing
Patna High Court CR. MISC. No.47301 of 2025(3) dt.15-09-2025 2/3 between two groups of land mafias, where informant is the Police Inspector of Gaya Muffasil Police Station.
5. It is submitted by Mr. Anshul, learned senior counsel appearing for the petitioners that as per FIR, it can be gathered safely that the firing was made indiscriminately from both sides, where none received injuries. It is submitted that the occurrence took place in the background of land dispute between the parties. It is further pointed out that except five empty cartridges in support of indiscriminate firing, nothing can be gathered in support of allegation. It is further submitted that regarding same occurrence, one private person, namely, Meena Devi lodged a separate FIR, which was lodged as Muffasil P.S. Case No.458 of 2025, where petitioners were granted bail by learned trial court itself. While concluding argument, it is submitted that investigation of this case is already completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP while opposing the prayer of bail could not disputed the aforesaid submissions as submitted by
Patna High Court CR. MISC. No.47301 of 2025(3) dt.15-09-2025 3/3 learned senior counsel appearing for the petitioners.
7. In view of aforesaid factual submissions, as allegation of firing is not specific against both the petitioners, where implication prima facie appears to be made under the garb of allegation of indiscriminate firing, coupled with the fact that investigation of this case is already completed, where both petitioners are in custody since 18.05.2025, accordingly, both petitioners, above-named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No.457 of 2025, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T