Patna High Court
Ashok PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, subject to bond and specified conditions.
Summary
The petitioners, Ashok Paswan and Pankaj Paswan, applied for bail in a theft case (Tekari P.S. Case No. 140 of 2025) filed under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of cash and valuables worth Rs. 4 lakh. The prosecution alleged that the informant’s shop was broken into and that the petitioners were implicated based on a confessional statement of a co‑accused, although their names do not appear in the FIR and no incriminating material was recovered from them. The petitioners contended that they were falsely implicated, have been in custody since 15‑07‑2025, and possess five prior criminal antecedents, while another co‑accused had already been granted bail. The State opposed the bail application. After considering the lack of direct evidence, the duration of custody, and the precedent of bail to a co‑accused, the Court inclined to grant bail subject to bond and conditions. The order directed release on bail upon furnishing a Rs. 15,000 bond each with two sureties and compliance with specified conditions.
Issues considered
- Whether bail should be granted to the petitioners under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of the case.
- Whether the petitioners' implication based solely on a co‑accused's confessional statement suffices to deny bail.
- Whether the length of pre‑trial custody and the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
Subjects
- bail
- theft
- false implication
- confessional statement
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 334
- Section 303
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13177 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Ashok Paswan S/O Parichhan Paswan @ Pariksh Paswan R/O Village-
Dariyapur, P.S- Belaganj, Distt.- Gaya.
2. Pankaj Paswan S/O Parichhan Paswan @ Pariksh Paswan R/O Village-
Dariyapur, P.S- Belaganj, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Tekari P.S.
Case No. 140 of 2025 instituted for the offences under Sections
334(1), 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the informant’s
shop was broken into and theft of cash and valuables worth
about Rs. 4 lakhs was committed.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Petitioners are not named in the F.I.R. The name of the
petitioner No.1 transpired in this case on the basis of
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confessional statement of the co-accused Pankaj Kumar and
name of petitioner No.2 is disclosed by petitioner No.1. No
incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
that petitioners has got no concern with the stolen articles. It
has been submitted on behalf of the petitioners that the
petitioners are in custody since 15.07.2025 and has five (5)
criminal antecedents. Other co-accused has been granted bail by
this Court vide order dated 06.02.2026, passed in Cr. Misc. No.
82017 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tekari P.S. Case No.
140 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners own or a
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close family member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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