Patna High Court
Vishal Paswan @ Bishal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Vishal Paswan was charged under Sections 309(4) and 3(5) of the Bihar Narcotic Substances Act for allegedly participating in a robbery at gunpoint in which a mobile phone and Rs.500 were stolen. The prosecution’s case relied solely on the confessional statement of co‑accused Ujala Kumar, with no material recovered from Paswan. Paswan contended that he was falsely implicated and had been in judicial custody since 30‑10‑2025. The State opposed bail, highlighting Paswan’s four prior criminal antecedents. After hearing both sides, the Court found the evidence insufficient to justify continued detention. Consequently, the Court ordered Paswan’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 309(4) and 3(5) of the Bihar Narcotic Substances Act given the lack of direct evidence and his prior criminal record.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4), 3(5)
Subjects
- bail
- criminal procedure
- robbery
- confessional statement
- prior criminal antecedents
- Section 309(4) B.N.S.
- Section 3(5) B.N.S.
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.285 of 2026
Arising Out of PS. Case No.-136 Year-2024 Thana- Geedha District- Bhojpur
======================================================
Vishal Paswan @ Bishal Paswan Son of Rajesh Paswan Resident of Village-
Gidha PS-Gidha, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Swarnima
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
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 bail in connection
with Gidha P.S. Case No. 136 of 2024 registered for the offence
punishable under Sections 309(4) and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that while
the informant went to attend the call of nature, two bikers came
and on gun point snatched the mobile and Rs. 500/- from him.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During course of investigation, the name of this petitioner
has come on the basis of confessional statement of co-accused
Ujala Kumar who has already been granted bail by this court
Patna High Court CR. MISC. No.285 of 2026(2) dt.06-02-2026
2/2
vide Cr. Misc. No. 85646 of 2025. Nothing has been recovered
regarding the alleged occurrence from the possession of this
petitioner. It is worth mentioning that as per the case of the
prosecution, only a mobile and Rs. 500/- were looted by the
miscreants. Save and except confessional statement, there is
nothing against this petitioner. Moreover, he is languishing in
judicial custody since 30.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner has got four criminal antecedent.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Bhojpur Ara in connection with Gidha P.S. Case No.
136 of 2024.
(Ashok Kumar Pandey, J)
shubham/-
U T
Checking your session…