Patna High Court
Suraj Paswan @ Sukhdeo Paswan @ Surajdev PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 309(6)
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
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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
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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
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