Created by Fuzzy Cloud

Patna High Court

Suraj Paswan @ Sukhdeo Paswan @ Surajdev PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Suraj Paswan was arrested on 4 August 2025 in connection with a FIR dated 26 February 2025 alleging offences under Section 309(6) of the Bihar Narcotic Substances Act, 2023. The prosecution alleges that four miscreants entered an informant's house, assaulted occupants and looted valuables, and that Paswan was implicated through a co‑accused's confessional statement, though his name does not appear in the FIR and no material has been recovered from him. Paswan contended that he is innocent, that no tip‑off or physical evidence links him to the crime, and that the charge sheet was filed without substantive proof. The State opposed bail, highlighting Paswan's eight prior criminal antecedents, six of which are already on bail, with two cases pending. The court, after considering the lack of direct evidence and the petitioner’s cooperation, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 309(6) of the Bihar Narcotic Substances Act, 2023 despite prior criminal antecedents.
  • Whether the absence of the accused's name in the FIR and lack of material evidence justify bail.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • Section 309(6)
  • Bihar Narcotic Substances Act
  • evidence
  • confessional statement
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22729 of 2026
                    Arising Out of PS. Case No.-71 Year-2025 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
                 Suraj Paswan @ Sukhdeo Paswan @ Surajdev Paswan S/O Mahendra Paswan
                 R/O Village- Utraudh, P.S- Chakand, Distt.- Gaya.

                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-04-2026                  Heard Mr. Sanjay Kumar Sinha, learned counsel for

                   the petitioner and Mr. Satyendra Prasad, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   04.08.2025 in connection with Magadh Medical P.S. Case No.

                   71 of 2025, F.I.R. dated 26.02.2025 for the offences punishable

                   under Section 309(6) of the BNS, 2023.

                               3.     According to prosecution case, four miscreants

                   entered into the house of the informant and assaulted the

                   informant and her children and locked them in a room and

                   looted valuable articles and ornaments from the house.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.22729 of 2026(2) dt.07-04-2026
                                            2/3




          present case. He further submits that the petitioner is not named

          in the FIR and his name has been transpired during investigation

          on the confessional statement of the co-accused, namely, Pankaj

          Kumar. He further submits that nothing has been recovered from

          the conscious possession of the petitioner and till date no TIP

          has been conducted by the prosecution. The petitioner has been

          remanded in the present case from Tekari P.S. Case No. 141 of

          2025 on 04.08.2025. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries eight criminal antecedents other

          than the present one but fairly submits that he is on bail in six

          cases and rest two cases are pending for consideration before the

          competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          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 the learned A.C.J.M-

          V, Gayaji in connection with Magadh Medical P.S. Case No. 71

          of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.22729 of 2026(2) dt.07-04-2026
                                                        3/3




                      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.

                                   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)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.