Patna High Court
Bihari PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner was not named in the FIR and no substantive evidence was found against him.
Summary
Bihari Paswan was arrested on 27‑06‑2023 in connection with a loot case (Mansi PS Case No.169 of 2023) alleged under IPC Sections 394 and 411. He was not named in the FIR; his name surfaced only through a self‑confessional statement recorded during investigation, and no other material evidence, recovery, or TIP was produced. The petitioner argued lack of substantive proof and that he is on bail in ten other cases. The State opposed bail, citing the pending cases. The High Court, noting the absence of the petitioner’s name in the FIR and lack of corroborative evidence, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and the only incriminating material is a self‑confessional statement.
- Whether the existence of multiple other pending cases, albeit with bail, should preclude bail in the present case.
Legislation cited
- Indian Penal Code — s. 394, 411
Subjects
- bail
- IPC Section 394
- IPC Section 411
- self‑confession
- investigation
- no FIR naming
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21314 of 2026
Arising Out of PS. Case No.-169 Year-2023 Thana- MANSI District- Khagaria
======================================================
Bihari Paswan Son of Pramod Paswan Resident of Village- Maheshkhunt,
English Tola, Ward No. 4, P.S.- Maheshkunt, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr.Ranjeet Kumar Singh, learned counsel
for the petitioner and Mr.Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
27.06.2023 in connection with Mansi P.S. Case No.169 of 2023,
G.R.No.1946 of 2023, F.I.R. dated 15.06.2023 registered for the
offence punishable under Section 394 and later on added 411
IPC.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the self-
confessional statement of the petitioner which was recorded in
Patna High Court CR. MISC. No.21314 of 2026(2) dt.01-04-2026
2/3
paragraph-22 of the case diary. Learned counsel for the
petitioner submits that except the aforesaid, no other cogent
material has come during investigation against the petitioner to
suggest the involvement of the petitioner in the present
occurrence, nothing has been recovered from conscious
possession or the house of the petitioner, till date no TIP has
been conducted by the prosecution, the police, after
investigation submitted the chargesheet against the petitioner
and the petitioner is in custody since 27.06.2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries ten 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, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation and till date no TIP has been conducted by
the prosecution, 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 Judicial Magistrate-1st Class, Khagaria in connection
with Mansi P.S. Case No.169 of 2023, G.R.No.1946 of 2023,
Patna High Court CR. MISC. No.21314 of 2026(2) dt.01-04-2026
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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
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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