Patna High Court
Laxman PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted despite the pending cases, subject to conditions, because the petitioner was not named in the FIR and no substantive evidence was produced.
Summary
Laxman Paswan was arrested in connection with a robbery case under Section 392 of the Indian Penal Code, although his name does not appear in the FIR dated 08.08.2021. He has been in custody since 22 August 2024 and contends that he was falsely implicated, pointing out that no material evidence, recovery, or a third‑information‑report (TIP) has been produced against him. The State opposed bail, highlighting that the petitioner faces seven other criminal cases, though he is on bail in five of them. The Court considered the lack of direct evidence, the omission of his name from the FIR, and the procedural gaps, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order also provides for cancellation of bail on failure to appear on two consecutive dates or concealment of criminal history.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and no TIP has been filed.
- Whether the existence of multiple pending criminal cases bars the grant of bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- FIR
- TIP
- false implication
- pending criminal cases
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22282 of 2026
Arising Out of PS. Case No.-482 Year-2021 Thana- SHERGHATI District- Gaya
======================================================
Laxman Paswan S/o Late Chamari Paswan R/o Village- Ghoraghat, PS-
Dobhi (Bahera), Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr. Paras Nath, learned counsel for the
petitioner and Mr. Satya Nand Shukla, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
22.08.2024, in connection with Sherghati (Dhobi) P.S. Case No.
482 of 2021, F.I.R. dated 08.08.2021 registered for the offences
punishable under Section 392 of the Indian Penal Code.
3. The F.I.R. of the occurrence of loot of car is against
Vivek Yadav and Kailu Paswan.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired
during investigation and the petitioner was arrested in Hunterganj
P.S. Case no. 52 of 2022 on 05.04.2022 and thereafter the
Patna High Court CR. MISC. No.22282 of 2026(2) dt.10-04-2026
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petitioner was remanded in this case on 22.08.2024 and the
petitioner has confessed his guilt in the present occurrence.
Learned counsel for the petitioner further submits that except the
confessional statement of the petitioner, nothing has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and nothing has been recovered from the
possession of the petitioner and till date no TIP was conducted by
the prosecution. The petitioner is in custody since 22.08.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries seven more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that out of seven cases, the petitioner is on bail in
five cases and rest two cases are pending for consideration before
the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and till
date no TIP was conducted by the prosecution, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M., Sherghati,
Gaya in connection with Sherghati (Dobhi) P.S. Case No. 482 of
2021, subject to the following conditions :-
Patna High Court CR. MISC. No.22282 of 2026(2) dt.10-04-2026
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(1) 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 absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
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