Patna High Court
Arjun PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Arjun Paswan was arrested in connection with a murder case (Kalyanpur PS Case No. 344 of 2024) involving the killing of an informant's father and an e‑rickshaw driver, alleged under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and section 27 of the Arms Act. The prosecution’s case rests mainly on confessional statements of co‑accused Sudhir Madhan and Phool Babu Ram, the latter implicating the petitioner, while no other material links him to the crime. The petitioner contended that he is innocent, that the confessional statement of Phool Babu Ram was recorded belatedly, and that similarly situated co‑accused have already been granted bail. The State opposed the bail application. The High Court, after considering the lack of substantive evidence beyond the confessional statements and the petitioner’s prolonged custody since 9 March 2026, decided to grant regular bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and reliance on confessional statements.
- Whether the confessional statements of co‑accused constitute sufficient material to deny bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- regular bail
- confessional statement
- murder
- arms act
- narcotic act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30155 of 2026
Arising Out of PS. Case No.-344 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Arjun Paswan S/O Sundeshwar Paswan Resident of village- Rampura, Ward
No. 11, P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 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 103(1),
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in brief, is that the
father of the informant had gone along with one Sudhir Madhan
and, at about 12:50 P.M., information was received that the
informant’s father had been murdered by some unknown
miscreants. Upon receiving such information, the informant
reached the place of occurrence and found the dead body of his
father lying on an e-rickshaw. The driver of the e-rickshaw was
also found shot dead. It is alleged that Sudhir Madhan was
present there and claimed that he could identify the assailants.
Patna High Court CR. MISC. No.30155 of 2026(2) dt.07-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
during the course of investigation, Sudhir Madhan gave his
confessional statement in which the name of one Phool Babu
Ram transpired. It is further submitted that PHool Babu Ram
also gave his confessional statement and the name of the present
petitioner surfaced therein. Learned counsel further submits
that, save and except the confessional statement of Phool Babu
Ram, there is no material against the petitioner. It is also
submitted that the confessional statement of Phool Babu Ram
was recorded at a belated stage. Moreover, the petitioner is
languishing in judicial custody since 09.03.2026.
5. It has further been submitted that similarly situated
co-accused, namely Sudhir Madhan and Aman Madhan, have
already been granted bail by a Coordinate Bench of this Court
vide orders dated 19.05.2025 and 28.01.2026 passed in Cr.
Misc. Nos. 32200 of 2025 and 2850 of 2026, and the case of the
present petitioner stands on similar footing.
6. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
7. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.30155 of 2026(2) dt.07-05-2026
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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 Kalyanpur P.S. Case No. 344 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M.,Samastipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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