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Patna High Court

Lakshman Paswan @ Lakshman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.

Summary

Lakshman Paswan, arrested on 23‑08‑2024 in connection with a robbery case (Section 392 IPC) registered as Sherghati P.S. Case No. 496 of 2021, sought bail claiming he was falsely implicated and that no material evidence, apart from his own confessional statement in another case, linked him to the offence. He highlighted that a co‑accused had been granted bail earlier and that the alleged vehicle was recovered before his arrest. The State opposed bail, noting the petitioner’s involvement in seven other cases, though five were already on bail. The court examined the lack of substantive evidence and the petitioner’s criminal antecedents, and consequently ordered his release on bail with a Rs.10,000 bond, two sureties, and specific conditions regarding trial cooperation, evidence tampering, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in the robbery case under Section 392 IPC given the circumstances of alleged false implication and lack of material evidence.
  • Whether the petitioner’s other pending criminal cases affect his eligibility for bail.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • false implication
  • confessional statement
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23654 of 2026
                       Arising Out of PS. Case No.-496 Year-2021 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Lakshman Paswan @ Lakshman Kumar Son of Late Chamari Paswan
                 Resident of village Ghoraghat, P.S.- Bahera (Dobhi), District - Gaya.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Paras Nath, Advocate
                 For the State             :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                          Heard Mr. Paras Nath, learned counsel for the

                   petitioner and Mr. Parmanand Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   23.08.2024, in connection with Sherghati (Dobhi) P.S. Case No.

                   496 of 2021, F.I.R. dated 17.08.2021 registered for the offences

                   punishable under Section 392 of the Indian Penal Code.

                                 3. The F.I.R. of the occurrence of loot is against

                   unknown.

                                 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 was arrested in

                   Hunterganj P.S. Case No. 52 of 2022 in which he has confessed his

                   guilt in the present occurrence and nothing has been recovered

                   from the possession of the petitioner and except the confessional

                   statement of the petitioner, no other cogent material has come
Patna High Court CR. MISC. No.23654 of 2026(2) dt.08-04-2026
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          during investigation to suggest the involvement of the petitioner in

          the present occurrence and till date no TIP was conducted by the

          prosecution. He further submits that co-accused person namely

          Manoj Paswan @ Kailu Paswan has been granted bail by a

          Coordinate Bench of this Court vide order dated 29.07.2025

          passed in Cr. Misc. No. 25463 of 2025. He further submits that as

          per the case diary, the pick up van in question was recovered on

          the basis of confessional statement of the petitioner but it appears

          that the pick-up van was recovered on 17.08.2021 and the

          petitioner was arrested on 23.08.2024 which suggests that the

          petitioner has been falsely implicated in the present case. He

          further submits that the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 23.08.2024.

                       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 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,

          let the petitioner, above named, be released on bail on furnishing
               Patna High Court CR. MISC. No.23654 of 2026(2) dt.08-04-2026
                                                           3/3




                         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.-I, Sherghati, Gaya in connection with Sherghati (Dhobi)

                         P.S. Case No. 496 of 2021, subject to the following conditions :-

                                      (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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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