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Patna High Court

Rakesh Paswan @ MalingaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

Petitioner Rakesh Paswan applied for anticipatory bail in a case (PS No. 225 of 2020) involving alleged offences under IPC sections 399, 402, 414 and Arms Act sections 25(1‑b)(a), 26, 35. The prosecution’s case is based on secret information leading to the seizure of three co‑accused with live cartridges, iron fighters and a knife, and their confession naming the petitioner as an associate who escaped. The petitioner contended that no incriminating material was recovered from him and that he is innocent, relying solely on the co‑accused’s statement. The State opposed the bail, highlighting the petitioner’s two prior criminal antecedents. The Court, considering the seriousness of the allegations and the petitioner’s antecedents, refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations and lack of direct evidence.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • IPC
  • Arms Act
  • confession of co‑accused
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20536 of 2026
                      Arising Out of PS. Case No.-225 Year-2020 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Rakesh Paswan @ Malinga S/O Dinesh Paswan R/O Village- Mahmadpur,
                 P.S.- Halai O.P., District- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Jandaha P. S. Case

                   No. 225 of 2020 registered for the offence punishable under

                   Sections 399, 402, 414 of the Indian Penal Code and Section

                   25(1-b)a, 26, 35 of Arms Act.

                                3. As per the prosecution case, on secret information

                   about congregation of criminals, police team proceed to the spot

                   where they apprehended three co-accused persons with two live

                   cartridges, iron fighters and knife. The apprehended accused

                   persons disclosed the name of this petitioner as one of their

                   associates who managed to flee.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No

                   incriminating material has been recovered from conscious
              Patna High Court CR. MISC. No.20536 of 2026(2) dt.05-05-2026
                                                          2/2




                        possession of the petitioner and he has been made accused in

                        this case only on the basis of confessional statement of co-

                        accused.

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

                        the bail application and submitted that petitioner has got two

                        criminal antecedents.

                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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