Patna High Court
Sohit Paswan @ Sohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 310(2)
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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