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Patna High Court

VISHAL PASWAN @ VISHAL KUMAR PASWANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  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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