Patna High Court
VISHAL PASWAN @ VISHAL KUMAR PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing release upon furnishing bail bonds and compliance with conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Vishal Paswan, was implicated in a robbery alleged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, after a co‑accused’s confessional statement named him, though no material was recovered from him and he was never subjected to an identification parade. He has been in custody since 3 December 2025 and a charge‑sheet has been filed. The petitioner argued that he is falsely implicated and that the prosecution’s case lacks substantive evidence. The State opposed the bail, relying on the seriousness of the offence. The court, noting the absence of any incriminating material, the prolonged pre‑trial detention, and the provisions of Section 480(3) BNSS, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties and specific conditions. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 in view of the evidentiary material and period of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 480(3)
Subjects
- bail
- criminal procedure
- robbery
- false implication
- identification parade
- confessional statement
- Section 309
- Section 480
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30326 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- ARARIA District- Araria
======================================================
Vishal Paswan @ Vishal Kumar Paswan S/O Manoj Paswan R/O vill -
Matiyari, P.s.- Mahalgaon, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Araria P.S. Case No. 361 of 2025 registered for
the alleged offences under Section 309(6) of Bharatiya Nyaya
Sanhita, 2023.
03. As per prosecution case, the informant was
waylaid by three miscreants at gunpoint who snatched two gold
rings, a wallet containing 4,500/- and a gold locket from the
informant. The name of the petitioner came up during
investigation for being involved in the said robbery.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from his
Patna High Court CR. MISC. No.30326 of 2026(2) dt.11-05-2026
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person or possession. The petitioner has not been put to any test
identification parade. The name of petitioner came up during
investigation in the confessional statement of co-accused Rohit
Paswan and except for the said confessional statement, there is
no other material to connect the petitioner with the offences as
alleged. The petitioner is having antecedent of three cases and is
is in custody since 03.12.2025. Charge-sheet has been
submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and
further considering the period of custody of the petitioner along
with submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Araria/court concerned in connection with Araria P.S. Case No.
361 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.30326 of 2026(2) dt.11-05-2026
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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