Kapil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73814 of 2025 Arising Out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Kapil Paswan S/o Pun Paswan R/o Village - Menka Barakala, P.S - Imamganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Swati Parmar, Advocate Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Dumariya P.S. Case No. 14 of 2024 registered for the alleged offences under Sections 147, 148, 149, 435, 436, 120(B) of the Indian Penal Code and Section 3 and 4 of Explosive Substance Act and Section 17 of C.L.A. Act.
03. As per prosecution case, on coming to know about MCC extremists blowing an Airtel Mobile Tower, the informant Police Inspector reached there and from the spot recovered a bomb in a five liter steel jerry can which was handed over to bomb disposal unit. Thereafter, 50 persons have been named in the FIR apart from 50 unknown extremists for being involved in the said occurrence. The petitioner is stated to be one of the
Patna High Court CR. MISC. No.73814 of 2025(3) dt.21-01-2026 2/3 named persons in the FIR.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no material to show the involvement of the petitioner in the occurrence. Nothing incriminating has been recovered from person or possession of this petitioner. The petitioner has been made accused in this case due to local politics. Other similarly placed co-accused persons, namely Atal Manjhi @ Lakhan Bhuian @ Lakhan Rikiyasan and Nanhu Yadav @ Chandan @ Suresh have been granted bail by a Coordinate Bench vide order dated 28.10.2024 passed in Criminal Misc. No. 68079 of 2024. Co-accused, Darogi Singh Bhokta @ Uma Singh Bhokta, Lalvir Singh @ Vikash Singh and Jay Ram Yadav @ Prasad Yadav and Sanjay Yadav @ Ram Sanan Yadav have also been granted bail vide orders dated 17.06.2025 passed in Criminal Misc.
Nos. 4510 of 2025, 6897 of 2025, 24787 of 2025 and 28781 of 2025, respectively. The petitioner is having antecedent of three cases and he is on bail in all those case. The petitioner is in custody since 06.10.2024. The trial is continuing in this case after framing of charge.
05. Learned APP for the State opposes the submission made on behalf of the petitioner.
Patna High Court CR. MISC. No.73814 of 2025(3) dt.21-01-2026 3/3
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gayaji/court concerned in connection with Dumariya P.S. Case No. 14 of 2014, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(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) Ashish/- U T