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Patna High Court

Pandab Paswan @ Pandat Paswan @ Pandap PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the petitioner's application.

Summary

Pandab Paswan was charged under IPC sections 394 (dacoity), 302/34 (murder/culpable homicide) and Arms Act section 27 for a robbery during which a person was killed. The petitioner applied for bail for the third time, alleging lack of material evidence except a co‑accused’s confessional statement and a recovered sum of Rs. 3000. The prosecution highlighted the self‑inculpatory statement, recovery of loot from the petitioner, and the seriousness of the offence. The trial is nearing conclusion with only two witnesses left. Considering the gravity of the crime, the stage of the trial, and the evidence, the court refused to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the accused given the seriousness of the offences (dacoity, murder, illegal arms) and the stage of the trial.
  • Whether the material evidence, including the co‑accused’s statement and recovered loot, justifies continued detention.

Legislation cited

Subjects

  • bail
  • dacoity
  • murder
  • Arms Act
  • criminal procedure
  • trial stage
  • self‑inculpatory statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32580 of 2026
                   Arising Out of PS. Case No.-109 Year-2023 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Pandab Paswan @ Pandat Paswan @ Pandap Paswan S/o Maksudan Paswan
                 R/o Village - Sakhaura, Ward No. 12, P.S - Piyar Hattha O.P, District -
                 Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sriram Krishna, Adv.
                 For the Opposite Party/s :         Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is the 3rd attempt of the petitioner seeking bail

                   in connection with Chakmehsi P.S. Case No. 109 of 2023

                   registered for the offence under Sections 394, 302/34 of the

                   I.P.C. read with Section 27 of the Arms Act.

                                3. Earlier, the bail application of the petitioner was

                   rejected on 19.07.2024 in Cr. Misc. No. 48427 of 2024 which

                   reads as follows:-

                                                     “The defect as pointed out by the office is
                                              ignored.
                                                     2. The following order was passed on
                                              13.12.2023:
                                                                    “Heard learned counsel
                                                            appearing on behalf of the petitioner
                                                            and learned APP appearing on
                                                            behalf of the State.
Patna High Court CR. MISC. No.32580 of 2026(2) dt.19-06-2026
                                            2/3




                                                           2. Let the defect(s), if any, be
                                                   removed within a period of four
                                                   weeks from today.
                                                           3. The petitioner seeks bail in
                                                   connection with Chakmehsi P.S. Case
                                                   No. 109 of 2023 registered for the
                                                   offence under Sections 394, 302/34 of
                                                   the Indian Penal Code and Section
                                                   27 of the Arms Act.
                                                           4. As per the prosecution
                                                   case, a person carrying money was
                                                   stopped, money was looted by the
                                                   unknown criminals and he was shot
                                                   by the criminals and it has come
                                                   during     investigation      that   the
                                                   petitioner has participated in the
                                                   crime.
                                                           5. Learned counsel for the
                                                   petitioner submits that except for the
                                                   confessional statement of the co-
                                                   accused there is no material against
                                                   the petitioner. He further submits that
                                                   the petitioner has not been put on T.I.
                                                   Parade and the recovery of Rs. 3000
                                                   cannot be linked with the alleged
                                                   loot.
                                                           6. Learned APP for the State
                                                   has opposed the prayer of the bail of
                                                   the petitioner by contending that
                                                   petitioner is one of the gang members
                                                   involved in such kind of loot and
                                                   whenever they are short of money
                                                   they commit similar crime.
                                                           7. In view of the fact that one
                                                   person has been killed by the
                                                   criminals while committing loot, this
                                                   Court is not inclined to grant bail to
                                                   the petitioner.
                                                           8. Accordingly, the prayer of
                                                   bail of the petitioner is rejected
                                                   herewith.
                                                           9. The District Judge,
                                                   Samastipur and the Superintendent of
                                                   Police, Samastipur are directed to
                                                   see to it that the trial of the accused
                                                   persons is not delayed.
                                                           10. It there is no sufficient
                                                   progress in the trial then the
                                                   petitioner many renew his prayer for
                                                   bail.
                                                           11. Let a copy of this order be
                                                   communicated to the District Judge,
            Patna High Court CR. MISC. No.32580 of 2026(2) dt.19-06-2026
                                                        3/3




                                                               Samastipur and the Superintendent of
                                                               Police, Samastipur through FAX and
                                                               e-Mail for its compliance forthwith.”
                                                     3. A person was killed while the loot was
                                              being committed and the name of the petitioner
                                              has come in the self-inculpatory statement of the
                                              co-accused. A part of the looted amount has
                                              been recovered from the petitioner.
                                                     4. In view of the above, this application is
                                              again dismissed.”
                                   4. In the trial, only two witnesses are left to be

                      examined.

                                   5. Considering the gravity of the offence and the fact

                      that the trial is on the verge of conclusion, I am not inclined to

                      review my earlier orders.

                                   6. Accordingly, this application is dismissed again.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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