Patna High Court
Nityanand PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to regular bail as the only incriminating material is a confessional statement and there is no other substantive evidence linking him to the offence.
Summary
The petitioner, Nityanand Paswan, was charged under Section 103(1) of the Bihar Narcotic Substances Act and Sections 27 and 25(1‑B)(a) of the Arms Act in connection with the death of the informant’s nephew. The prosecution’s case is based on a confessional statement by a co‑accused, Dharamveer, who named the petitioner, while the FIR originally listed unknown miscreants. The petitioner’s counsel argued that the mobile used for the call does not belong to him and that, apart from the confessional statement, there is no direct evidence linking him to the offence; he has been in judicial custody since 3 December 2025. The State opposed bail, citing three prior criminal convictions of the petitioner. After hearing both sides, the Court found the evidence insufficient to deny bail and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the petitioner despite serious charges under the Bihar Narcotic Substances Act and the Arms Act
- Whether the confessional statement of a co‑accused is sufficient ground to deny bail
- Whether the petitioner’s prior criminal antecedents justify refusal of bail
Legislation cited
- Arms Act — s. 25(1‑B)(a), 27
- Bihar Narcotic Substances Act — s. 103(1)
Subjects
- regular bail
- confessional statement
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedents
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24789 of 2026
Arising Out of PS. Case No.-646 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Nityanand Paswan S/o Ram Lagan Paswan RO Village- Pova, PS- Fatehpur,
District - Gaya jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
Mr. Ashotosh Kumar Mishra, Advocate
Ms. Neha Kumari, Advocate
Mr. Wajeeha Jafri, Advocate
Ms. Richa Mohan, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 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 section 103(1) of
BNS and Sections 27, 25(1-B)a of the Arms Act.
3. The case of the prosecution is that the nephew of
the informant has received a call and has gone out of his house.
Later on, his dead body was 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 the FIR was lodged
against unknown miscreants. During course of investigation, the
Patna High Court CR. MISC. No.24789 of 2026(2) dt.18-04-2026
2/2
informant has named one Dharamveer in his restatement before
police and Dharamveer has given his confessional statement and
the name of this petitioner has surfaced in the confessional
statement of Dharamveer. Learned counsel has submitted that
the mobile from which the call was made to the deceased, does
not belong to the petitioner. Save and except the confessional
statement, there is nothing against him. Moreover, he is
languishing in judicial custody since 03.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having three 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
Fatehpur P.S. Case No. 646 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 Chief Judicial Magistrate,
Gaya Jee.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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