Patna High Court
Kanhaiya PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103, 190, 191(3), 61(2)
- Code of Criminal Procedure, 1973 — s. 14(A)(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)(v)
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
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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
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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
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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
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