Patna High Court
Deenanath Ram @ Deenanath PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Deenanath Ram Paswan, applied for bail in a 2015 case involving offences under Sections 364, 302, 120(B) and 201 read with Section 34 of the IPC. The prosecution alleged that the petitioner was part of a gang that abducted and killed Sanjay Yadav, with the only link to the petitioner being his name in the confessional statement of co‑accused Deepak Paswan. The petitioner contended that he was not named in the FIR, had no knowledge of the crime, and that the confessional statement alone was insufficient to justify detention. The court noted that other co‑accused had previously been granted bail on similar grounds and considered the lack of direct evidence against the petitioner. Accordingly, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail when the only incriminating material is a co‑accused's confessional statement.
- Whether the seriousness of the offences (murder, dacoity, criminal conspiracy) warrants denial of bail.
- Whether the grant of bail to other co‑accused on similar facts influences the petitioner's bail application.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 364
Subjects
- bail
- murder
- dacoity
- criminal conspiracy
- confessional statement
- co‑accused
- IPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16482 of 2026
Arising Out of PS. Case No.-257 Year-2015 Thana- CHARPOKHARI District- Bhojpur
======================================================
Deenanath Ram @ Deenanath Paswan, S/o Late Dasrath Ram @ Dasrath
Paswan, R/o Chandi, P.S.- Charpokhari, District- Bhojpur, Bihar- 802223
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritik Shah, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Charpokhari P.S. Case No.257 of 2015 registered for the
offence punishable under Sections 364, 302, 120(B) and 201
read with Section 34 of the IPC.
3. The case of the prosecution, in short, is that one
Sanjay Yadav was taken away by Dasrath Paswan, Kariya Sah
and 4-5 other persons at the point of gun. During course of
investigation, one Deepak Paswan was apprehended and he has
given his confessional statement.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.16482 of 2026(2) dt.13-03-2026
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case. The name of this petitioner is not there in the F.I.R. but his
name has surfaced in the confessional statement of co-accused
Deepak Paswan. It has further been submitted that later on the
dead body of Sanjay Yadav was recovered. Learned counsel for
the petitioner has submitted that save and except the
confessional statement, there is nothing against the petitioner.
He was not knowing about his involvement in this case. The
police has apprehended him in year 2025. It has also been
submitted that other co-accused persons Deepak Paswan, Pappu
Paswan and Raghu Nath Ram, Bihari Ram and Raj Kumar Ram
have been granted bail by learned Co-ordinate Benches of this
Court vide Cr. Misc. No. 2641 of 2016, 19274 of 2016 and
15948 of 2018. The case of this petitioner stands on similar
footing. Moreover, he is in judicial custody since 22.03.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.16482 of 2026(2) dt.13-03-2026
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Additional District Judge, Ara in connection with Charpokhari
P.S. Case No. 257 of 2015.
(Ashok Kumar Pandey, J)
lata/-
U T
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