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Patna High Court

Rajesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner’s alleged involvement was based merely on suspicion and there was no substantive evidence linking him to the seized mobiles.

Summary

Petitioner Rajesh Paswan was arrested on 10 September 2025 in connection with an FIR dated 9 September 2025 for an alleged offence under Section 317(5) of the BNS, relating to the recovery of nine mobile phones from a railway platform. He contended that he was falsely implicated, arguing that the seizure list did not show his presence and that the case was based merely on suspicion and his prior criminal antecedents. The State opposed bail, noting that the petitioner had two other pending cases, though he was already on bail in those matters. The court examined the FIR and seizure details and found no concrete evidence directly linking the petitioner to the mobiles. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 317(5) of the BNS on the basis of alleged suspicion and prior criminal antecedents.

Legislation cited

  • BNS — s. 317(5)

Subjects

  • bail
  • Section 317(5)
  • BNS
  • mobile theft
  • criminal antecedents
  • high court
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20497 of 2026
                  Arising Out of PS. Case No.-31 Year-2025 Thana- SONNAGAR RAIL P.S. District- Gaya
                 ======================================================
                 Rajesh Paswan Son of Vishambhar Paswan @ Bishmbhar Paswan Resident of
                 Village -Ganguar P S- Barachatti Distt- Gaya JI

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                      Heard Mr.Vijay Kumar, learned counsel for the

                   petitioner and Mr.Pawan Kumar Chaurasia, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   10.09.2025 in connection with Sone Nagar Rail P.S. Case No.

                   31 of 2025, F.I.R. dated 09.09.2025 registered for the offence

                   punishable under Sections 317(5) of BNS.

                                3. The case relates to recovery of nine mobile from

                   possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case.

                   Altogether nine mobile set have been recovered from the

                   Railway Platform at Gaya Jee and petitioner has been made

                   accused in the present case merely on the basis of suspicion.
Patna High Court CR. MISC. No.20497 of 2026(2) dt.26-03-2026
                                            2/3




          From a bare perusal of the FIR although there is seizure list

          which suggests that the recovery has been made from

          possession of the petitioner but there is no sign on the seizure

          list of the petitioner which suggests that the seizure list was

          prepared in his presence and the petitioner has been made

          accused in the present case due to his previous criminal

          antecedents and the police, after investigation, submitted the

          chargesheet against the petitioner and the petitioner is in custody

          since 10.09.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries two more cases other than the present one but

          fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M., Rail Gaya Jee in

          connection with Sone Nagar Rail P.S. Case No. 31 of 2025, with

          the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
               Patna High Court CR. MISC. No.20497 of 2026(2) dt.26-03-2026
                                                           3/3




                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, 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, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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