Patna High Court
Nitish Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Nitish Kumar Paswan, was arrested in connection with a robbery alleged under Section 309(4) of the Bihar Negotiable Instruments Act, where four assailants on a bike allegedly seized cash and a mobile from an informant at gunpoint. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown miscreants, and that apart from a confessional statement no material evidence linked him to the crime; no T.I.P. was conducted and no property was recovered from him. The State opposed bail, highlighting the petitioner’s alleged involvement in five prior criminal cases. After hearing both sides, the Court considered the lack of substantive evidence and the petitioner’s prolonged pre‑trial detention since September 2025. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The bail order was directed to be executed by the Chief Judicial Magistrate, Jamui.
Issues considered
- Whether bail should be granted to the petitioner in a case of alleged robbery under Section 309(4) of the Bihar Negotiable Instruments Act despite a confessional statement and alleged criminal antecedents.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- bail
- robbery
- confessional statement
- criminal antecedent
- Section 309
- Bihar Negotiable Instruments Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10688 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- CHANDRAMANDI District- Jamui
======================================================
Nitish Kumar Paswan, Son of Late Nageshwar Paswan @ Nago Paswan,
Resident of 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.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Chandramandih P.S. Case No. 122 of 2025 registered for the
offence punishable under Section 309(4) of B.N.S.
3. The case of the prosecution, in short, is that four
persons on a bike intercepted the informant who was carrying Rs.
2,20,000/- as he runs CSP Center. It is further alleged that on gun
point, the bag containing cash was looted away by the unknown
miscreants. It is further alleged that on protest, they fired three
times from pistol and snatched the bag and mobile of the
informant.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. The F.I.R. was
Patna High Court CR. MISC. No.10688 of 2026(2) dt.24-02-2026
2/2
lodged against unknown miscreants. It has further been submitted
that petitioner was remanded in this case from Chandramandih P.S.
Case No. 174 of 2024 and he has given confessional statement. It
has also been submitted that save and except the confessional
statement, there is nothing against the petitioner. No T.I.P. was
conducted. No any recovery was made from his possession. He is
languishing in judicial custody since 10.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that petitioner
is having criminal antecedent of five cases.
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 enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Jamui in connection with Chandramandih P.S. Case
No. 122 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…