Patna High Court
Nitish Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nitish Kumar Paswan, was charged under section 309(4) of the Bihar Negotiable Instruments Act for alleged theft of cash and jewellery from a house. The FIR named unknown miscreants, but during investigation the petitioner was remanded from a related case where he gave a confessional statement, though no material was recovered from him and no TI parade was conducted. He has been in judicial custody since 8 October 2025 and claims innocence, asserting that the only evidence is his earlier statement. The State opposed bail, highlighting four prior criminal convictions. After hearing both sides, the court considered the lack of recovered evidence, the circumstances of the confession, and the petitioner’s right to bail, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under section 309(4) of the Bihar Negotiable Instruments Act despite a confessional statement and prior criminal antecedents.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- regular bail
- section 309(4) BNS
- confessional statement
- criminal antecedents
- theft
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10375 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- CHAKAI District- Jamui
======================================================
Nitish Kumar Paswan S/o Late Nageshwar Paswan @ Nago Paswan R/o
Village - Chhotki Tharhi, P.S - Chandramandih, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 309(4) of
BNS.
3. The case of the prosecution is that while the
informant along with his wife was sleeping after taking meal,
two unknown miscreants entered the house and snatched cash of
Rs. 60,000/-, seven rings of gold, five pairs of tops of gold,
seven pairs of payal or silver hansuli, fifteen silver coins, one
silver katora, silver better, silver kaseli and fled from there.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
Patna High Court CR. MISC. No.10375 of 2026(2) dt.23-02-2026
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against unknown miscreants and during course of investigation,
the petitioner was remanded in this case from Chandramandih
P.S. case No. 174 of 2024. In that case, he has given his
confessional statement. Learned counsel has submitted that save
and except this, there is nothing against this petitioner. Nothing
has been recovered from the possession of the petitioner. No TI
parade has been conducted. Moreover, he is languishing in
judicial custody since 08.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having four criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Chakai P.S. Case No. 161 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Jamui.
(Ashok Kumar Pandey, J)
shubham/-
U T
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