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Patna High Court

Vishal Paswan @ Bishal PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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