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Patna High Court

Uday Paswan @ Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and specific conditions, as the allegations were based only on confessional statements and no material evidence was found in his possession.

Summary

The petitioner, Uday Paswan, sought anticipatory bail in connection with a robbery and assault case (Wazirganj PS Case No. 33 of 2021) where the FIR alleged that armed men entered an informant's house, injured the informant and his nephew, and stole valuables. The petitioner’s name was implicated solely on the basis of confessional statements made by witnesses Tuntun Mandal and Kameshwar Manjhi, and no incriminating material was recovered from his possession. The petitioner has four prior criminal antecedents, two of which resulted in acquittal and the other two are pending on bail. The Additional Public Prosecutor opposed the bail but did not dispute the factual matrix presented. The Court, noting the lack of material evidence against the petitioner and the reliance on confessional statements, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, including appearance before the trial court, non‑tampering with witnesses, and refraining from further offences.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the petitioner is implicated solely on the basis of confessional statements of witnesses?
  • Does the absence of recovered material from the petitioner’s possession justify the grant of anticipatory bail?
  • Are the conditions imposed under Section 482(2) of the CrPC sufficient to safeguard the trial process?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • confessional statement
  • robbery
  • assault
  • bail conditions
  • prior acquittal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11268 of 2026
                       Arising Out of PS. Case No.-33 Year-2021 Thana- WAJIRGANJ District- Gaya
                 ======================================================

                 Uday Paswan @ Saurav Kumar S/O Ram Vilash Paswan R/O Vill.- Naudiha
                 Khurd, P.S.- Wazirganj, Dist.- Gaya.

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

                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priya Ranjan, Adv.
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================

                         CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                      ORAL ORDER

3   01-04-2026                 Heard counsel for the petitioner and Additional Public

                   Prosecutor, representing the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Wazirganj P.S. Case No. 33 of 2021 dated

                   18.01.2021 registered for the offence punishable under Section/s

                   395 and 397 of the Indian Penal Code.

                               3. As per the prosecution case, on the night of

                   17.01.2021, 4-5 armed persons forcibly entered into the

                   Informant’s house, assaulted him with a sword causing injury to

                   his leg, and also injured his nephew, Roshan Kumar, on the

                   head. It is also alleged that the accused persons also looted

                   sewing machines, an LCD TV, a laptop, mobile phones, gold
Patna High Court CR. MISC. No.11268 of 2026(3) dt.01-04-2026
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          jewellery, and Rs. 7,000/- in cash from his house and fled away

          after villagers gathered.

                      4. Counsel for the petitioner submits that the F.I.R. is

          registered against 4-5 unknown accused, while the name of the

          petitioner has transpired in this case on the basis of the

          confessional statement of the Tuntun Mandal and Kameshwar

          Manjhi. It is next submitted that nothing is said to be recovered

          from the constructive possession of the petitioner. Counsel for

          the petitioner further submits that the petitioner has altogether

          four criminal antecedents out of which in two of them i.e.

          Wazirganj P.S. Case No. 239 of 2017 and Wazirganj P.S. Case

          No. 574 of 2020, he has been acquitted by the learned court

          below whereas in the rest two cases, he is on bail.

                      5. Learned Additional Public Prosecution opposes the

          prayer for anticipatory bail of the petitioner but, is not in a

          position to dispute the factual position, which is said to have

          been stated in this anticipatory bail petition.

                       6. Having heard learned counsel for the petitioner and

          considering the fact that nothing incriminating is alleged to have

          been recovered from the constructive possession of the

          petitioner and, as also, the fact that the name of the petitioner

          has transpired in this case on the basis of the confessional
Patna High Court CR. MISC. No.11268 of 2026(3) dt.01-04-2026
                                             3/4




          statement of the witnesses Tuntun Mandal and Kameshwar

          Manjhi, let the petitioner, above named, be released on

          anticipatory bail in the event of his arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate-1st, Gaya in

          connection with Wazirganj P.S. Case No. 33 of 2021, subject to

          the condition as laid down under Section 482(2) of the B.N.S.S.

          as well as the following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail

          bond by the Trial Court itself;

                  (iii) the petitioner shall in no way try to induce or promise

          or threat the witnesses or tamper with the evidences, failing

          which the State shall be at liberty to take steps for cancellation

          of the bail bonds;

                  (iv) the petitioner shall desist from committing any
              Patna High Court CR. MISC. No.11268 of 2026(3) dt.01-04-2026
                                                          4/4




                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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