Patna High Court
Monu Paswan @ Indrajeet Paswan @ Monu Kumar@ IndrajeetversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is warranted where the petitioner is not a named accused in the FIR and his alleged involvement is based only on co-accused confessions, allowing the court to exercise its power under Section 438 CrPC and Section 482 BNSS, 2023.
Summary
The petitioner, Monu Paswan, sought anticipatory bail in connection with a robbery case (Section 392 IPC) where he was not named in the FIR but was implicated solely through the confessional statements of co-accused Vishal Kumar and Sahil Raj. The prosecution alleged that on 8 January 2024, unknown persons robbed an informant at gunpoint. The petitioner argued innocence, contending that no direct evidence linked him to the offence. The State opposed the bail, but the court noted that other co-accused had already been granted bail and that the petitioner’s involvement rested only on secondary confessions. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with conditions of cooperation and verification of criminal antecedent.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated solely through confessional statements of co-accused.
- Whether the court may exercise its powers under Section 438 CrPC and Section 482 BNSS, 2023 to grant anticipatory bail in such circumstances.
- Whether conditions such as cooperation in investigation and verification of criminal antecedent are appropriate for anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 392
Subjects
- anticipatory bail
- confessional statement
- robbery
- Section 392 IPC
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- investigation cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16980 of 2026
Arising Out of PS. Case No.-8 Year-2024 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Monu Paswan @ Indrajeet Paswan @ Monu Kumar@ Indrajeet Son of Late
Kishori Paswan @ Tufani Paswan Resident of village- Kulharia, Ps- Koilwar,
Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection
with Ara Muffasil P.S. Case No. 08 of 2024, registered for the
offences punishable under Section 392 of the IPC.
3. The prosecution case in brief is that on 08.01.2024
at about 08:35 AM, while the informant was on his way to his
village and reached near village Dhudhua, some unknown
persons riding a scooty and a motorcycle intercepted him and, at
gunpoint with a country-made pistol, snatched his Apache
motorcycle and his mobile phone.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. The
Patna High Court CR. MISC. No.16980 of 2026(2) dt.25-03-2026
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name of the petitioner has figured merely on the basis of
confessional statement of co-accused Vishal Kumar and Sahil
Raj. Except confessional statement, there is nothing against the
petitioner.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The petitioner is not named in the FIR. His name
has surfaced during the course of investigation on the basis of
confessional statement of other accused persons namely Vishal
Kumar and Sahil Raj, who has already been granted regular bail
by this Court through Cr. Misc. No. 28093 of 2024 on
23.04.2024. The other accused persons namely Ramashankar
Paswan and Manjit Yadav have also been granted anticipatory
bail on 16.07.2024 in Cr. Misc. No. 40024 of 2024. Under these
circumstances, I am inclined to grant privilege of anticipatory
bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara
in connection with Ara Muffasil P.S. Case No. 08 of 2024,
Patna High Court CR. MISC. No.16980 of 2026(2) dt.25-03-2026
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subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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