Created by Fuzzy Cloud

Patna High Court

Kanhaiya PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the appellants are released on bail, with the impugned order set aside.

Summary

The appellants, Kanhaiya Paswan and Niraj Kumar, were charged with murder and other offences arising from an alleged attack on a brick kiln. They contended that they were not originally named in the FIR and were later implicated solely on a co‑accused’s confessional statement, which they argued was hearsay and lacked corroborative evidence. The State opposed bail, citing the appellants' presence near the crime scene per CDR data and their prior criminal antecedents. The Patna High Court noted that a similarly situated co‑accused had been granted bail and that the prosecution’s case rested on weak material, and therefore set aside the lower court’s refusal of bail. The Court ordered the release of the appellants on bail with conditions and allowed the appeal.

Issues considered

  • Whether the appellants are entitled to bail despite being named in the FIR only on the basis of a co‑accused’s confessional statement.
  • Whether the presence of prior criminal antecedents and CDR location evidence justifies denial of bail.
  • Whether the grant of bail to a similarly situated co‑accused mandates similar relief for the appellants.

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • hearsay evidence
  • Scheduled Castes and Scheduled Tribes Act
  • Arms Act
  • criminal antecedent
  • exclusive special judge
  • SC/ST (POA)
  • Criminal Procedure Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4398 of 2025
                    Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
           1.     Kanhaiya Paswan S/o Ugandev Paswan R/o village - Lakhanpur, Nabtoliya,
                  Ward No. 8, P.S - Birpur, District - Begusarai
           2.    Niraj Kumar S/o Arun Paswan R/o village - Saraunja, Ward No. 2, P.S -
                 Birpur, District - Begusarai

                                                                               ... ... Appellant/s
                                                     Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Nakul Kumar Jamuar, Advocate
                 For the Respondent/s   :       Mrs. Usha Kumari 1, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   10-04-2026                   Despite valid service of notice upon Respondent

                   No.2, no one appeared on behalf of Respondent No.2.

                                2. Heard Mr. Nakul Kumar Jamuar, learned counsel

                   for the appellants as well as Mrs. Usha Kumari 1, learned S.P.P.

                   for the State.

                               3. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 19.09.2025

                   passed by the learned Court of Exclusive Special judge SC/ST

                   (POA), Begusarai in connection with Nawkothi P.S. Case No.

                   05 of 2025, F.I.R. dated 08.01.2025 registered under Sections

                   103, 61(2), 190, 191(3) of the Bharatiya Nyay Sanhita, 2023,

                   Section 27 of Arms Act and Sections 3(1) (r) (s)/3(2)(va)(v) of
Patna High Court CR. APP (SJ) No.4398 of 2025(5) dt.10-04-2026
                                             2/4




          the Scheduled Castes and Scheduled Tribes Act.

                       4. According to the prosecution case, appellants along

          with other accused persons armed with deadly weapon came at

          the brick kiln of the informant and brutally assaulted the

          workers and also shot fire upon one Laxman Urao which

          resulted into his death.

                       5. Learned counsel for the appellants submits that

          appellants are innocent and they have falsely been implicated in

          the present case. He further submits that initially the appellants

          were not named in the FIR and their name transpired during

          investigation on the basis of confessional statement of co-

          accused, namely, Md. Afroj which was recorded in paragraph

          no.107 of the case diary in which the co-accused has stated that

          he had not seen the occurrence and he has named the appellants

          based on hearsay evidence. He further submits that except the

          confessional statement of co-accused, no other cogent material

          has come during investigation which suggest the involvement of

          the appellants in the present occurrence and similarly situated

          co-accused person, namely, Shyam Bhawe Singh has been

          granted the privilege of bail by this Court vide order dated

          01.07.2025 in Cr. Appl.(SJ) No. 1382 of 2025 and the police,

          after investigation, submitted charge sheet against the
Patna High Court CR. APP (SJ) No.4398 of 2025(5) dt.10-04-2026
                                             3/4




          appellants. The appellants are in custody since 07.08.2025.

                       6. Learned Special Public Prosecutor for the State

          have vehemently opposed the prayer for bail of the appellants

          and submits that as per CDR location, the appellant were

          present near place of occurrence and apart from that, the

          appellant no.1 carries four criminal antecedents other than the

          present one in which he is on bail and appellant no.2 carries one

          criminal antecedent.

                       7. Considering the facts and circumstances of the case

          as well as the fact that appellants are not named in the FIR and

          similarly situated co-accused person has been granted the

          privilege of bail by this Court, let the appellants, 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 learned Court of Exclusive Special Judge, SC/ST

          (POA) Act, Begusarai in connection with Nawkothi P.S. Case

          No. 05 of 2025, with other following conditions:-

                       i. Appellants 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 their absence on two consecutive dates without sufficient

          reason, thier bail bond shall be cancelled by the Court below.
            Patna High Court CR. APP (SJ) No.4398 of 2025(5) dt.10-04-2026
                                                         4/4




                                   ii. If the appellants tamper with the evidence or the

                      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 appellants and in case at

                      any stage it is found that the appellants have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellants. 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.

                                   8. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.