Patna High Court
Jitendra Paswan @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court allowed bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Jitendra Paswan was arrested on 15 October 2025 in connection with PS case No. 309 of 2025, arising from an FIR dated 14 October 2025 that alleged his involvement in offences punishable under Sections 317(5) and 318(4) of the Bihar Narcotic Substances Act, 2023. The prosecution claimed that a stolen motorcycle was recovered from the accused and that a charge‑sheet had been filed. The petitioner contended that he was innocent, that the seizure of the motorcycle did not comply with Section 103 of the same Act, and that only police personnel were listed as seizure witnesses, suggesting false implication. The State opposed bail, citing a prior criminal antecedent of the petitioner. The court, after considering the charge‑sheet, the period of custody and the alleged antecedent, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering of evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a case where a charge‑sheet has been filed under Sections 317(5) and 318(4) of the B.N.S., 2023.
- Whether alleged non‑compliance with Section 103 of the B.N.S., 2023 regarding seizure procedures affects the bail decision.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
Legislation cited
- B.N.S., 2023 — s. 103, 317(5), 318(4)
Subjects
- bail
- charge‑sheet
- Section 103
- criminal antecedent
- motorcycle theft
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1879 of 2026
Arising Out of PS. Case No.-309 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Jitendra Paswan @ Jitendra Kumar Son of Sitaram Paswan Village
-Madarichak, P.s -Jairampur, District -Sheikhpura,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Deepak Kumar, learned counsel for the
petitioner and Mr. Uday Chand Prasad, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Sheikhpura P.S. Case No. 309 of
2025, F.I.R. dated 14.10.2025 for the offences punishable under
Sections 317(5), 318(4) of the B.N.S., 2023.
3. According to prosecution case, a stolen motorcycle
in question was recovered from the possession of the accused-
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and the petitioner has not committed any
offence as in the F.I.R. Learned counsel further submits that it
appears from seizure list there is non-compliance of section 103
Patna High Court CR. MISC. No.1879 of 2026(2) dt.19-01-2026
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BNSS and only Police personnel is the seizure witness which
suggest that petitioner has falsely been implicated in the present
case. He further submits that the police after investigation,
submitted charge-sheet against the petitioner and the petitioner
is in custody since 15.10.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances
and the fact that chargesheet has been submitted against the
petitioner and the period of custody, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Sheikhpura in connection with Sheikhpura P.S. Case No. 309 of
2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.1879 of 2026(2) dt.19-01-2026
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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