Patna High Court

Laxman PaswanversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner with specified conditions.

Summary

Laxman Paswan applied for regular bail in a case registered under section 394 of the Indian Penal Code for alleged theft of Rs. 53,000 and a bike key. The prosecution alleged that unknown miscreants assaulted an informant and stole the items, while the petitioner’s counsel argued that the FIR was lodged against unknown persons and that the petitioner’s only incriminating material was a confessional statement, with no other evidence recovered. The petitioner has been in judicial custody since 10 January 2025 and claims innocence, whereas the State highlighted his seven prior criminal antecedents and opposed bail. After hearing both sides, the court considered the lack of substantive evidence beyond the confession and the petitioner’s prolonged custody, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, attendance at trial dates, and weekly reporting to the local police station.

Issues considered

What is the appropriateness of granting regular bail to an accused under section 394 IPC given the existence of a confessional statement and prior criminal antecedents?

Legislation cited

Indian Penal Code — s. 394

Subjects

bail
section 394 IPC
theft
confessional statement
judicial custody
criminal antecedents
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18928 of 2026
                       Arising Out of PS. Case No.-456 Year-2021 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Laxman Paswan son of Late Chamari Paswan Resident of Village -Ghoraghat
                 PS -Bahera Distt -Gaya
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 394 of Indian

                   Penal Code.

                                3. The case of the prosecution is that unknown

                   miscreants followed the bike of the informant due to which, he fell

                   down and miscreants assaulted the informant and took away the

                   bag containing Rs. 53,000/- and key of the bike.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants and the petitioner was remanded in

                   this case from Hunterganj P.S. Case No. 52 of 2022 wherein he has

                   given his confessional statement. Nothing has been recovered from
            Patna High Court CR. MISC. No.18928 of 2026(2) dt.18-03-2026
                                                        2/2




                      his possession. No TIP has been conducted. Save and except his

                      confessional statement, there is nothing against him. Moreover, he

                      is languishing in judicial custody since 10.01.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail and has submitted that petitioner

                      is having seven criminal antecedents.

                                   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 released on bail in connection with

                      Sherghati (Dobhi) P.S. Case No. 456 of 2021 on furnishing bail

                      bond of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Sherghati, Gaya with following conditions:-

                                   (i) The petitioner shall cooperate in trial and shall

                      remain physically present in the trial court on each and every fixed

                      date.

                                   (ii) As most of the cases of the petitioner are from

                      Sherghati (Dobhi) Police Station, so, he is also directed to mark his

                      weekly attendance at Sherghati (Dobhi) P.S.



                                            (Ashok Kumar Pandey, J)
shubham/-
U

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