Patna High Court
Gautam Paswan @ Vicky PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused bail, dismissing the petitioner's application.
Summary
The petitioner, Gautam Paswan, applied for bail in a criminal miscellaneous case (No.21699 of 2026) arising from a loot alleged under Section 310(2) of the BNS, 2023. The prosecution alleged that Paswan owned a Scorpio vehicle used in the loot, which was recovered from the residence of Vijay Paswan, who identified Kunal Paswan as the owner and Gautam as Kunal's brother. Paswan has been in custody since July 1, 2024. The court examined the material evidence, including the recovery of the vehicle and the self‑inculpatory statement of Vijay Paswan, and found the allegations serious enough to deny bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to this bail application and do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 310(2) of the BNS, 2023, in view of the alleged involvement in loot and the recovery of the vehicle used in the offence.
Legislation cited
- BNS, 2023 — s. 310(2)
Subjects
- bail
- criminal procedure
- loot
- vehicle recovery
- Section 310(2)
- High Court
- denial of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21699 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Gautam Paswan @ Vicky Paswan Son of Bijay Paswan R/o Village - Kathari,
P.S.- Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Mr.Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Laheri P.S. Case No. 06 of 2026 registered for the offence under
Section 310(2) of the BNS, 2023.
3. As per the prosecution case, the petitioner is the
owner of the Scorpio Vehicle which was used in the loot. When
the scorpio vehicle was recovered from then house of the Vijay
Paswan, the petitioner was found fleeing away. Vijay Paswan
has given his self-inculpatory statement saying that the owner of
the vehicle was one Kunal Paswan and Gautam Paswan is
brother of Kunal Paswan.
4. The petitioner is in custody since 1.7.2024.
5. Considering the allegation of committing loot
Patna High Court CR. MISC. No.21699 of 2026(3) dt.08-04-2026
2/2
and the materials available on record and the recovery of the
Scorpio vehicle which was used in the loot, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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