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Patna High Court

Dinanath PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied because the offence is grave, the petitioner is alleged to be part of a dacoit gang, and the trial has already commenced.

Summary

The petitioner, Dinanath Paswan, was arrested in connection with a loot case registered under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023, based largely on a confessional statement of a co‑accused. He applied for regular bail for the second time after an earlier bail application was rejected. The prosecution contended that the petitioner is a member of a dacoit gang and that the offence is grave, while noting that the trial has only progressed to framing of charges with no witness examination. The petitioner argued that his involvement was derived from a self‑culpatory statement and that he has been in custody since 18‑04‑2025. The Court, after considering the seriousness of the offence, the confession, and the fact that the trial is underway, declined to grant bail, dismissing the application. The order also directed the police to ensure attendance of witnesses in the ongoing trial.

Issues considered

  • Whether regular bail can be granted to an accused of a serious offence under Section 310(2) of the Bharatiya Nyaya Sanhita when the accusation is based on a co‑accused’s confession.
  • Whether the stage of the trial (charges framed, no witness examination) warrants denial of bail.

Legislation cited

Subjects

  • bail
  • serious offence
  • loot
  • confession
  • dacoity
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 18778 of 2026
                      Arising Out of PS. Case No.-102 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Dinanath Paswan S/o- Jalim Paswan Village- Dilalbarpur PS- Lalganj Distt-
                 Vaishali

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prakash Chandra Jha, Adv.
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with S.Tr. No. 544 of 2025 arising out of Lalganj

                   P.S. Case No. 102 of 2025 registered for the offence under

                   Sections 310(2) of the B.N.S.

                                3. Earlier, the bail application of the petitioner was

                   rejected on 04.09.2025 in Cr. Misc. No. 43633 of 2025 which

                   reads as follows:-

                                                     “Ref:- Cr. Misc. No. 41715 of 2025, Cr.
                                              Misc. No. 43633 of 2025 & Cr. Misc. No.
                                              50944 of 2025
                                                     These cases are arising out of the same
                                              P.S. Case, hence, they are being heard together
                                              and are being decided by a common order.
                                                     2. Heard the learned counsel for the
                                              petitioners and learned APP for the State.
                                                     3. The petitioner seeks regular bail in
                                              connection with Lalganj P.S. Case No. 102 of
Patna High Court CR. MISC. No. 18778 of 2026(3) dt.13-05-2026
                                            2/3




                                  2025 registered for the offence under Section
                                  310(2) of the Bharatiya Nyaya Sanhita, 2023.
                                          4. As per the prosecution case, the
                                  petitioners are accused of committing loot in the
                                  house of the informant.
                                          5. So far as the petitioner namely Sarita
                                  Devi is concerned, she is the wife of the co-
                                  accused Baidhnath Sahni, she went with
                                  Baidhnath Sahani to jewellary shop of
                                  coaccused Raja Kumar to sell the looted gold
                                  jewellaries. On 05.03.2025, more than One
                                  Lakh rupees was also deposited in her account.
                                  She is in custody since 18.04.2025.
                                          6. So far as the petitioner namely
                                  Dinanath Paswan is concerned, his name has
                                  come on the basis of the confessional statement
                                  of co-accused Baidhnath Sahni. He has also
                                  confessed his guilt in his confessional statement.
                                  He appears to be member of the gang of
                                  criminals/dacoits. He is in custody since
                                  18.04.2025.
                                          7. So far as the petitioner namely Manoj
                                  Sahni @ Jila Sahni is concerned, at the instance
                                  of the petitioner, the looted articles were
                                  recovered from the house of the co-accused
                                  Baidhnath Sahani and Arun Sah. He is in
                                  custody since 09.03.2025.
                                          8. Considering the aforesaid facts and
                                  circumstances and also considering the
                                  allegations levelled against these petitioners,
                                  this Court is not inclined to grant regular bail to
                                  the petitioners.
                                          9. Accordingly, these applications for
                                  regular bail stands rejected.”
                       4. As per the prosecution case, the petitioner and

          others are said to have committed loot in the informant’s house.

                       5. Learned counsel for the petitioner submits that the

          name of the petitioner has come on the self-culpatory statement

          of co-accused Baidhnath Sahni. The petitioner has also
            Patna High Court CR. MISC. No. 18778 of 2026(3) dt.13-05-2026
                                                        3/3




                      confessed his guilt. The petitioner is in custody since

                      18.04.2025.

                                    6. Learned A.P.P. for the State opposes the prayer for

                      bail and submitted that the petitioner is a member of gang of

                      dacoits.

                                    7. In the trial, after rejection of the prayer for bail of

                      the petitioner earlier, only charges have been framed and no

                      witness has been examined.

                                    8. Considering the gravity of the offence and the fact

                      that the trial has started, I am not inclined to grant bail to the

                      petitioner.

                                    9. Accordingly, the application for regular bail is

                      hereby dismissed.

                                    10. The Superintendent of Police, Vaishali and the

                      S.H.O., Lalganj are directed to ensure the attendance of the

                      witnesses in the trial.

                                    11. Let a copy of the order be communicated to the

                      Superintendent of Police, Vaishali through FAX and e-mail

                      forthwith.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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