Patna High Court
Indal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail, subject to a cash bond, sureties and specific conditions of attendance.
Summary
The petitioner, Indal Paswan, sought regular bail in a case registered under sections 395 and 120B of the Indian Penal Code and section 3 of the Explosive Substances Act, alleging he was falsely implicated. The prosecution alleged that miscreants looted cash, jewellery and other valuables from a house, and the petitioner was arrested based on his criminal antecedents. The petitioner argued that the FIR was lodged against unknown persons, he had given a confessional statement in an unrelated case, no property was recovered from his possession, and he had not been subjected to a Test Identification Parade. The State opposed bail, highlighting the petitioner’s twelve prior criminal cases. The court, noting the petitioner’s prolonged custody since February 2025, the lack of TIP, and a prior bail order for a co‑accused in a similar case, decided to grant regular bail with a bond and sureties. The bail was conditioned on the petitioner’s cooperation with the trial, regular attendance in court, and weekly reporting to the police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under sections 395, 120B IPC and the Explosive Substances Act and having multiple prior criminal cases.
- Whether the absence of a Test Identification Parade and lack of recovered property from the petitioner affect the bail decision.
- Whether the precedent of bail granted to a similarly situated co‑accused should influence the grant of bail in the present case.
Legislation cited
- Explosive Substances Act, 1908 — s. 3
- Indian Penal Code — s. 120B, 395
Subjects
- regular bail
- bail conditions
- criminal antecedent
- dacoity
- criminal conspiracy
- explosive substances act
- Indian Penal Code
- test identification parade
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2638 of 2026
Arising Out of PS. Case No.-31 Year-2023 Thana- KHAJAULI District- Madhubani
======================================================
Indal Paswan S/O Late Kari Paswan R/O Village- Belmohan, P.S- Phulparas,
Distt- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 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 395 and
120B of the Indian Penal Code and Section ¾ of the Explosive
Substance Act.
3. The case of the prosecution, in short, is that the
informant was sleeping in his house along with his wife, in the
meantime, some miscreants entered into the premises and looted
cash, gold, silver jewellery, a cheque book and other articles. It
is alleged that miscreants altogether looted a sum of Rs.
2,65,000/- in cash along with the aforesaid jewellery.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.2638 of 2026(2) dt.06-02-2026
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connection with the present case. It is further submitted that the
FIR has been lodged against unknown miscreants. It is further
submitted that the petitioner was apprehended in Laukahi P.S.
Case No. 260 of 2022 and in that case, he has given his
confessional statement. It is further submitted that nothing has
been recovered from his conscious possession. It is further
submitted that he has been framed in this case only on the basis
of his criminal antecedents. It is also submitted that the
petitioner has not been put on Test Identification Parade (TIP).
Learned counsel has further submitted that similarly situated
other co-accused person has already been granted bail by this
Court vide Cr. Misc. No. 62936 of 2025. The case of this
petitioner stands on similar footing. Moreover, the petitioner is
languishing in judicial custody since 11.02.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and has submitted that petitioner is
having criminal antecedent of twelve cases.
6. Considering the aforesaid 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 Khajauli P.S. Case No. 31 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.2638 of 2026(2) dt.06-02-2026
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sureties of the like amount each to the satisfaction of learned
C.J.M., Madhubani 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 Laukahi P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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