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Patna High Court

Sohit Paswan @ Sohit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Sohit Paswan, sought bail in a case registered under Section 310(2) of the B.N.S. for alleged theft of valuables from an informant's house. The prosecution alleged that unknown miscreants committed the theft, and a co-accused, Shakti Paswan, had confessed that the stolen ornaments were sold to a third person, not the petitioner. The petitioner argued he was falsely implicated, had no recovered property, and was merely named based on the co-accused's confession; he had been in custody since August 2025. The State opposed bail, but the court, noting the lack of direct evidence against the petitioner and the precedent of bail granted to a similarly situated co-accused, decided to enlarge bail. The court ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Gaya.

Issues considered

  • Whether the petitioner is entitled to bail under Section 310(2) of the B.N.S. given the circumstances of the case
  • Whether the confession of a co-accused suffices to justify denial of bail to the petitioner
  • Whether the petitioner’s continued detention is justified in the absence of direct evidence

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 310(2)
  • false implication
  • confessional statement
  • co-accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21645 of 2026
                       Arising Out of PS. Case No.-419 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Sohit Paswan @ Sohit Kumar S/o Anuj Paswan R/o vill - Bela Bira, P.S.-
                 Bishunganj, Distt.- Gaya
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Belaganj P.S. Case No. 419 of 2025 registered for the offence

                   punishable under Section 310(2) of B.N.S.

                                3. The case of the prosecution, in short, is that unknown

                   miscreants entered the house of the informant and committed theft

                   of valuables and ornaments.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. The F.I.R. was

                   lodged      against        unknown    miscreants.      During      course      of

                   investigation, one Shakti Paswan was apprehended and he has

                   given his confessional. In his confessional statement, it has come

                   that the looted ornaments were sold to one Sanjay Tamrakar
            Patna High Court CR. MISC. No.21645 of 2026(2) dt.17-04-2026
                                                        2/2




                      through co-accused. Learned counsel for the petitioner has

                      submitted that nothing has been recovered from his possession.

                      Only on the basis of confessional statement of co-accused Shakti

                      Paswan and other co-accused person, his name has surfaced. He is

                      neither the seller nor the purchaser of stolen articles. Moreover, he

                      is languishing in judicial custody since 21.08.2025. Learned

                      counsel has further submitted that similarly situated co-accused

                      has been granted bail by this court vide Cr. Misc. No. 6317 of

                      2026.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the application for bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail bond

                      of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                      like amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Gaya in connection with Belaganj P.S. Case No. 419

                      of 2025.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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