Patna High Court
Vipin Paswan @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner on the condition of furnishing a bail bond and sureties.
Summary
The petitioner, Vipin Paswan, was arrested in connection with a robbery and assault case (Magadh Medical P.S. Case No. 163 of 2025) under Section 310 of the Bhartiya Nayay Sanhita. He contended that he was not named in the FIR, had been detained since 21‑08‑2025 based solely on a co‑accused's confessional statement, and that no identification parade or recovery of incriminating material linked him to the crime. The State opposed bail, arguing the seriousness of the offence. The Court examined the lack of direct evidence, the absence of an identification parade, and the petitioner’s bail status in five other cases. Considering these circumstances, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑V, Gaya.
Issues considered
- Whether bail should be granted to the petitioner under Section 310 of the Bhartiya Nayay Sanhita given the nature of the evidence against him.
Subjects
- bail
- criminal procedure
- identification parade
- confessional statement
- Section 310
- evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1228 of 2026
Arising Out of PS. Case No.-163 Year-2025 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
Vipin Paswan @ Vipin Kumar Son of Mahendra Paswan @ Bhondal Paswan
Resident of Village- Nauranga, P.S.- Mufassil, District- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Saumya, Advocate
For the Opposite Party : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Magadh Medical P.S. Case No. 163 of 2025, registered for the
offence under Sections 310 of the Bhartiya Nayay Sanhita.
3. As per the allegation, five unknown persons sitting
on two bikes, armed with pistol, intercepted the bike of the
informant and took his mobile phone, his wallet containing
Rs.3,000.00, ATM Card of various banks and they also snatched
his bag containing his clients’ documents.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR and he is in
custody since 21.08.2025 and he has been remanded from
another case and his name transpired on the basis of
Patna High Court CR. MISC. No.1228 of 2026(4) dt.19-03-2026
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confessional statement of co-accused Ravi Kumar. No test
identification parade of the petitioner has been held and there is
no recovery of any incriminating article from the possession of
the petitioner and although he is accused in five other cases, but
he is on bail in those cases.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
including the nature of evidence collected against the petitioner,
let the, above named, petitioner 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
Additional Chief Judicial Magistrate-V, Gaya, in connection
with Magadh Medical P.S. Case No. 163 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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