Patna High Court
Rakesh Paswan @ Rakesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
In the absence of any incriminating material against the petitioner and after more than a year of pre‑trial detention, the court held that regular bail must be granted.
Summary
Rakesh Paswan was implicated in a theft case involving gold, silver ornaments and cash of Rs.47,000, registered under sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023. The FIR named unknown accused and the petitioner’s name surfaced through the confessional statement of co‑accused Vikram Kumar, who had already been released on bail. No incriminating articles were recovered from the petitioner, and despite being in custody since 10 January 2025, he was never produced for a TI parade. The petitioner filed an application for regular bail, arguing that the only material against him was his antecedents. The court, noting the lack of physical evidence, the long pre‑trial detention, and the filing of the chargesheet, directed that the petitioner be enlarged on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023 given the nature of the offence and the evidence.
- Whether the prolonged pre‑trial detention without a TI parade justifies the grant of bail.
- Whether the confessional statement of a co‑accused is sufficient to sustain the accusation against the petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- theft
- pre‑trial detention
- confessional statement
- Bhartiya Nyaya Sanhita
- criminal procedure
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14193 of 2026
Arising Out of PS. Case No.-342 Year-2024 Thana- DALSINGHSARAI District- Samastipur
======================================================
Rakesh Paswan @ Rakesh Kumar Paswan Son of Late Bodhan Paswan
Resident of Village- Chhoti Maranchi, P.S.- Bachhwara, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
Mr. Jitendra Narain Sinha, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dalsingsarai P.S. Case
no.342 of 2024 registered under sections 331(4) and 305 of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, unknown accused
persons are said to have committed theft in the house of the
informant as a result of which gold and silver ornaments as also
cash to the tune of Rs.47,000/- were stolen. The informant is
said to have provided CCTV footage to the police.
4. Learned counsel for the petitioner submits that the
FIR was registered against unknown. The petitioner was falsely
implicated in the case in course of investigation in the
Patna High Court CR. MISC. No.14193 of 2026(2) dt.12-03-2026
2/3
confessional statement of co-accused Vikram Kumar who has
himself been enlarged on bail by the learned trial Court vide
order dated 20.3.2025 passed in B.P. no.67 of 2025. Referring to
the order of the learned trial Court wherein the material that has
transpired in course of investigation has been dealt with, learned
counsel submits that the only material against the petitioner is
his antecedents. Neither any incriminating article has been
recovered from the petitioner’s possession nor has the petitioner
been put on TI parade inspite of his being in custody since
10.1.2025. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, grant of bail
to co-accused on whose statement the name of petitioner
transpired, no incriminating article having been recovered from
the petitioner’s possession, the petitioner not having been put on
TI parade inspite of his being in custody for more than a year
since 10.1.2025 and chargesheet having been submitted in the
case, the petitioner is directed to be enlarged on bail in
connection with Dalsingsarai P.S. Case no.342 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.14193 of 2026(2) dt.12-03-2026
3/3
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-I, Dalsingsarai,
District-Samastipur.
(Partha Sarthy, J)
Shiv/-
U T
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