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Patna High Court

Ashok PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and therefore rejected the application for regular bail.

Summary

The petitioners, Ashok Paswan and Pankaj Paswan, applied for regular bail in a case registered as Magadh Medical P.S. Case No. 71 of 2025 under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that on the night of 12 a.m. the accused broke into the informant’s house, assaulted her family members, confined them, and stole jewellery worth Rs 3,35,000. The petitioners claim innocence and have been in custody since 15 April 2025, while the State highlighted eight prior criminal antecedents against them. After considering the seriousness of the alleged offences, the manner of commission, and the material on record, the Court declined to grant bail. The order is expressly limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the accused under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 considering the nature and gravity of the alleged offences.
  • Whether the presence of multiple criminal antecedents justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • Section 309(6)
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • theft
  • assault
  • high court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27568 of 2026
                    Arising Out of PS. Case No.-71 Year-2025 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
           1.     Ashok Paswan S/o Parichhan Paswan @ Pariksh Paswan R/o Vill-
                  Dariyapur, PS- Belaganj, Dist- Gaya
           2.     Pankaj Paswan @ Pankaj Kumar S/o Parchhan Paswan @ Pariksh Paswan
                  R/o Vill- Dariyapur, PS- Belaganj, Dist- Gaya
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjay Kumar Sinha
                 For the Opposite Party/s :    Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Magadh Medical P.S. Case No. 71 of 2025 registered for the

                   offence under Sections 309(6) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The prosecution case, as per the FIR, is that at

                   approximately 12:00 midnight, four accused persons unlawfully

                   entered the house of the informant after breaking open the main

                   gate. It is alleged that they assaulted the informant, her sons, and

                   her daughter, and thereafter confined them in a room by locking

                   it from the outside. The accused persons then proceeded to the

                   garage, where they broke open a box and took away jewellery
            Patna High Court CR. MISC. No.27568 of 2026(2) dt.28-04-2026
                                                        2/2




                      items worth Rs. 3,35,000, along with other articles.

                                   4. Learned counsel for the petitioners submits that

                      petitioners are innocent and have not committed any offence.

                      Petitioners are in custody since 15.04.2025 and remanded in the

                      present case on 04.08.2025.

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail and has submitted that the

                      petitioners have eight criminal antecedents.

                                   6. Considering the nature and gravity of the

                      allegations, the manner of occurrence as alleged in the FIR, and

                      the materials available on record, this Court is not inclined to

                      grant bail to the petitioners. Accordingly, this application for

                      regular bail stands rejected.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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