Patna High Court
Rakesh Paswan @ MalingaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 25(1-b)(a), 26, 35
- Indian Penal Code — s. 399, 402, 414
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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