Patna High Court
Ritik PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Ritik Paswan, sought bail in a case registered under Sections 310(2) and 317(3) of the Bihar Narcotic Substances Act, 2023, alleging that he was falsely implicated based solely on a confessional statement of co‑accused Bali Bhuiyan. The prosecution argued that the petitioner had a criminal antecedent of four cases and was involved in a robbery of Rs. 91,000 from a victim’s house. The petitioner contended that no material evidence, recovery, or T.I.P. was conducted against him and that a similarly situated co‑accused had already been granted bail. The court examined the lack of substantive evidence beyond the confessional statement and the principle of equality with the co‑accused. Considering the petitioner’s prolonged pre‑trial detention since May 2025 and the absence of incriminating material, the court decided to enlarge bail on condition of a Rs. 10,000 bond with two sureties. The order directs the petitioner to be released on bail pending trial.
Issues considered
- Whether bail can be granted in a case under Sections 310(2) and 317(3) of the B.N.S., 2023 when the only evidence is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents preclude bail.
- Whether the petitioner is entitled to bail on the same footing as co‑accused Bali Bhuiyan who was previously released on bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 310(2), 317(3)
Subjects
- bail
- confessional statement
- criminal antecedent
- Sections 310(2) B.N.S.
- Section 317(3) B.N.S.
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19658 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- GURUA District- Gaya
======================================================
Ritik Paswan S/O Dukhan Paswan Village- Nadiyaeen, P.S.- Gurua, 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. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gurua P.S. Case No. 41 of 2025 registered for the offence
punishable under Sections 310(2) and 317(3) of the B.N.S.,
2023.
3. The case of the prosecution in short is that while
the informant was alone in her house along with her children,
seven criminal entered her house, overpowered her on the
point of arms and they took altogether Rs. 91,000/- from their
CSP Center.
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.19658 of 2026(2) dt.10-04-2026
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case. He also submits that the FIR was lodged against
unknown miscreants. During the course of investigation, his
name has surfaced on the basis of confessional statement of
Bali Bhuiyan and this petitioner was remanded in this case
from Gurua P.S. Case No. 72 of 2025 wherein he has also
given his confessional statement. Save and except confessional
statement, there is nothing against him. Nothing has been
recovered from the possession of this petitioner. No T.I.P. has
been conducted. He further submits that similarly situated co-
accused namely, Bali Bhuiyan has already been granted bail by
this Court vide Cr. Misc. No. 7711 of 2026. The case of this
petitioner stands on similar footing. Moreover, the petitioner is
languishing in judicial custody since 08.05.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
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.19658 of 2026(2) dt.10-04-2026
3/3
Additional Sessions Judge-IV, Sherghati, Gaya Ji in connection
with Gurua P.S. Case No. 41 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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