Patna High Court
Ajay Paswan @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the seizure was not made from his possession and the police failed to follow Section 105 of BNSS, rendering the evidence insufficient to deny bail despite his antecedents.
Summary
Ajay Paswan was arrested in connection with a case registered under sections 303(2), 317(2) and 317(4) of the Bihar Negotiable Instruments Act (BNS) for alleged theft of three motor‑bikes. The police recovered the bikes from a spot behind the petitioner’s house, not from his possession, and the seizure list was prepared without complying with Section 105 of the Bihar Negotiable Sale and Settlement Act (BNSS). The petitioner, represented by Mr Gopal Kumar Jha, contended that he was innocent, had no possession of the bikes and was being framed because of his prior criminal record. The State, through Mr Rajendra Singh, opposed bail, emphasizing the petitioner’s ten prior convictions. After hearing both sides, the court found procedural lapses in the seizure and, despite the antecedents, ordered the petitioner’s release on regular bail subject to a bond of Rs 10,000 with two sureties and conditions of attendance in court.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges and multiple prior convictions
- Whether the seizure of the stolen bikes complied with the procedural requirements of Section 105 BNSS
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 317(2), 317(4)
Subjects
- regular bail
- criminal procedure
- seizure
- Section 105
- antecedents
- theft of motor vehicle
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24756 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- FULKAHA District- Araria
======================================================
Ajay Paswan @ Ajay Kumar S/O Lalan Paswan R/O Village- Madhura Uttar,
Ward no. 02, P.S- Fulkaha, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 303(2),
317(2) and 317(4) of BNS.
3. The case of the prosecution is that near the house of
this petitioner, altogether three stolen bikes were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. From perusal of
the seizure list, it is clear that the recovery has not been made
from the house of the petitioner rather the recovery has been made
behind his house. The seizure list witnesses are police personnel
and police has not followed Section 105 of BNSS while preparing
Patna High Court CR. MISC. No.24756 of 2026(2) dt.16-04-2026
2/2
the seizure. He has been framed in this case due to his criminal
antecedents. Moreover, he is languishing in judicial custody since
08.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that
petitioner is having ten criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Fulkaha P.S. Case No. 144 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, Araria with following
conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) Petitioner is also directed to mark his weekly
attendance at Fulkaha P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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