Patna High Court
Sanjay Paswan @ TewraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sanjay Paswan, was arrested in connection with a police raid that recovered firearms and ammunition from co-accused persons, and he is charged under IPC sections 399, 402, 412 and Arms Act sections 25(1‑B)(a), 26 and 35. The petitioner claims innocence, arguing that no incriminating material was found in his possession and that his implication rests solely on confessional statements of co‑accused, which lack evidentiary value. He has been in custody since 19‑04‑2025 and has ten prior criminal cases, while another co‑accused was previously granted regular bail. The State opposed the bail application. Considering the lack of direct evidence against the petitioner, the period of custody already served, and the precedent of bail to a co‑accused, the Court inclined to grant bail subject to strict conditions, including a cash bond, sureties, and compliance with procedural directives.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents
- Whether the confessional statements of co‑accused provide sufficient basis to deny bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Indian Penal Code — s. 399, 402, 412
Subjects
- bail
- IPC
- Arms Act
- dacoity
- robbery
- confessional statement
- evidentiary value
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15347 of 2026
Arising Out of PS. Case No.-367 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Sanjay Paswan @ Tewra Son of Suresh Paswan R/O Village- Dighi Kala
West, Gop Tola, Ward No. 03, P.S- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Hajipur
Sadar P.S. Case No. 367 of 2024, instituted for the offences
punishable under Sections 399, 402 and 412 of the Indian Penal
Code read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that on secret
information regarding assembly of anti-social elements, police
conducted raid and apprehended four accused persons including
the petitioner. On search, two country made pistols and seven
live cartridges have been recovered from the possession of other
co-accused persons.
Patna High Court CR. MISC. No.15347 of 2026(2) dt.11-03-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner was not arrested
on spot. Name of the petitioner has transpired in this case on the
basis of confessional statement made by other co-accused
persons and the same has got no evidentiary value. It is next
submitted that the petitioner has got no concern with the alleged
recovery of arms. The petitioner is in custody since 19.04.2025
and has got ten criminal antecedents. Learned counsel for the
petitioner further submits that other co-accused has been granted
regular bail by this Court vide order dated 01.09.2025 passed in
Cr. Misc. No. 86782 of 2024.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.15347 of 2026(2) dt.11-03-2026
3/3
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Hajipur Sadar P.S. Case No. 367 of
2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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