Patna High Court
Paras PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed; the order rejecting bail is set aside and bail is granted to the appellant with conditions.
Summary
Paras Paswan was arrested in connection with a robbery and murder in which two goats were stolen and the husband of an informant was shot dead, the nephew later dying of shock. The FIR did not name Paswan; his alleged involvement emerged only from the confessional statement of co‑accused Ashok Yadav, who also implicated another accused, Akhilesh Yadav, as the shooter. The Special Judge under the SC/ST Act rejected Paswan’s bail application, but the High Court noted his clean antecedent, the lack of direct evidence against him, and the fact that the co‑accused who named him had already been granted bail. Applying the principle that bail should not be denied merely on the basis of a co‑accused’s confession, the Court set aside the lower court’s order and granted bail with strict conditions. The appeal was therefore allowed.
Issues considered
- Whether bail can be denied when the accused is implicated solely by a co‑accused’s confessional statement and is not named in the FIR.
- Whether the appellant’s clean antecedent and the bail granted to the co‑accused justify granting bail in a case involving murder and offences under the SC/ST Act, Arms Act and BNS Act.
Legislation cited
- Arms Act — s. 27
- BNS Act — s. 103(1), 105, 303(2), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- Arms Act
- co‑accused confession
- clean antecedent
- criminal procedure
- murder
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3206 of 2025
Arising Out of PS. Case No.-100 Year-2024 Thana- SAHJAHANPUR District- Patna
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Paras Paswan son of Rohan Paswan Resident of Diawan P.S -Karai Parsarai,
Dist- Nalanda
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md Rafi Ahmad, Advocate
For the Respondent/s : Ms.Usha Kumari 1, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 07-05-2026 Heard Mr.Md Rafi Ahmad, learned counsel for the
appellant and Ms.Usha Kumari 1, learned Spl. P.P. for the State.
2.The instant appeal has been filed by the appellant
against the order dated 10.02.2025 passed by learned Court of
Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna
whereby the prayer for bail of the appellant in connection with
Special Case No. 456 of 2024 (arising out of Sahjahanpur P.S.
Case No.100 of 2024) under Sections 303(2), 103(1), 105, 3(5)
of BNS and Section 27 of the Arms Act and Section 3(2)(v) of
SC/ST Act was rejected.
3. As per FIR, 4-5 unknown thieves stole two goats
and shot informant’s husband during the chase, as a result of
which he died. It is further alleged that informant’s nephew died
of shock upon seeing his uncle dead.
Patna High Court CR. APP (SJ) No.3206 of 2025(6) dt.07-05-2026
2/4
4. Learned counsel for the appellant submits that the
appellant has clean antecedent. Appellant is not named in the
FIR. The name of the appellant has transpired during
investigation on the basis of the confessional statement of co-
accused person, namely, Ashok Yadav @ Ashok Gop and said
Ashok Yadav @ Ashok Gop has confessed that one co-accused
person, namely, Akhilesh Yadav has fired upon the victim and
the appellant has no role at all in the present occurrence and
appellant at best may be a member of the mob. Learned counsel
for the appellant further submits that except the aforesaid,
nothing has come during investigation against the appellant to
suggest the involvement of the appellant in the present
occurrence and co-accused person, namely, Ashok Yadav @
Ashok Gop, who has disclosed the name of the appellant has
been granted bail by a Coordinate Bench of this Hon’ble Court
vide order dated 03.07.2025 passed in Cr. Appeal (SJ) No.956 of
2025 (Annexure-2) and the police, after investigation, submitted
chargesheet against the appellant and the appellant is in custody
since 04.09.2024.
5. Learned Spl. P.P. for the State have vehemently
opposed the prayer for bail of the appellant and submits that the
name of the appellant has transpired during investigation which
Patna High Court CR. APP (SJ) No.3206 of 2025(6) dt.07-05-2026
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suggests that the appellant has participated in the present crime
in question.
6. Considering the facts and circumstances of the
case, appellant has clean antecedent, he is not named in the FIR,
his name has been transpired during investigation on the basis of
the confessional statement of the co-accused person, namely,
Ashok Yadav @ Ashok Gop and said Ashok Yadav @ Ashok
Gop has been granted bail by a Coordinate Bench of this
Hon’ble Court as well as the period of custody, let the appellant,
above named, 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 learned Exclusive
Special Judge, SC/ST Act, Civil Court (Sadar), Patna in
connection with Special Case No. 456 of 2024 arising out of
Sahjahanpur P.S. Case No.100 of 2024, with the following
conditions:-
(I) Appellant 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 his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the appellant tampers with the evidence or the
Patna High Court CR. APP (SJ) No.3206 of 2025(6) dt.07-05-2026
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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 appellant and in case at any
stage, it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. 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.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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