Patna High Court
Lalan Kumar @ Lalan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Chhotu Kumar and Lalan Kumar were arrested in connection with a robbery allegedly committed on 20-11-2025, for which they were charged under Sections 309(4) and 317(2) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based mainly on a self‑confessional statement by Chhotu Kumar and the recovery of some stolen articles from his house, with no other material evidence or a thorough investigation (TIP) presented. The petitioners contended that they were falsely implicated, that the FIR named unknown persons, and that there is insufficient evidence to justify continued detention. The Additional Public Prosecutor opposed bail, but the court considered the lack of corroborative evidence and the petitioners’ custody since early December 2025. The court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 309(4) and 317(2) of the Bharatiya Nyay Sanhita, 2023 given the facts of the case.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(4), 317(2)
Subjects
- bail
- robbery
- deadly weapons
- self‑confession
- Bharatiya Nyay Sanhita
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30573 of 2026
Arising Out of PS. Case No.-875 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Chhotu Kumar @ Chotu Kumar S/o Indradev Paswan R/o Village / Town -
Asadharpur, P.S.- Hajipur Sadar, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 30635 of 2026
Arising Out of PS. Case No.-875 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Lalan Kumar @ Lalan Paswan S/O Chandeshwar Paswan Resident of village-
Bedauliya, P.s.- Kazipur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 30573 of 2026)
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
(In CRIMINAL MISCELLANEOUS No. 30635 of 2026)
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail in connection with Hajipur
Sadar P.S. Case No. 875 of 2025, F.I.R. dated 21.11.2025 for the
offences punishable under Sections 309(4) and 317(2) of the
Bharatiya Nyay Sanhita, 2023.
Patna High Court CR. MISC. No. 30573 of 2026(2) dt.06-05-2026
2/4
3. According to the prosecution case, the informant
alleged that on 20.11.2025, two unknown miscreants entered her
house and looted ornaments and other valuable articles by
brandishing deadly weapons at the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. It appears from the FIR that FIR is instituted
against unknown persons and implication of the petitioners is
based on alleged self-confessional statement of the petitioner,
namely, Chhotu Kumar @ Chotu Kumar and thereafter the said
Chhotu Kumar had confessed his guilt in the present occurrence
and stated that another petitioner, namely, Lalan Kumar @
Lalan Paswan also accompanied him in the alleged occurrence
and except the aforesaid, no other cogent material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He next submits that
although some articles have been recovered from the house of
the petitioner, namely, Chhotu Kumar but till date no TIP has
been conducted by the prosecution. The police after
investigation submitted charge-sheet against the petititoners and
the petitioner, namely, Chhotu Kumar @ Chotu Kumar is in
custody since 02.12.2025 and another petitioner, namely, Lalan
Patna High Court CR. MISC. No. 30573 of 2026(2) dt.06-05-2026
3/4
Kumar @ Lalan Paswan in custody since 01.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional District and Sessions Judge-VIII, Vaishali, Hajipur in
connection with Hajipur Sadar P.S. Case No. 875 of 2025,
subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
Patna High Court CR. MISC. No. 30573 of 2026(2) dt.06-05-2026
4/4
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…