Patna High Court
Lakshman Paswan @ Lakshman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 392
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
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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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