Patna High Court
Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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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