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Patna High Court

Vipin Paswan @ Vipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                      2/2




                    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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