Patna High Court
Bipin Paswan @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail because the sole material against the petitioner is the confessional statement of Binay Kumar and no other evidence substantiates the charge.
Summary
The petitioner, Bipin Paswan, was arrested in connection with the murder of an informant's husband and charged under Sections 126(2), 127(2), 109(1), 3(5) of the BNS Act and Section 27 of the Arms Act. The prosecution's case rests solely on the confessional statement of Binay Kumar, who implicated the petitioner, while no other material evidence links him to the crime. The petitioner contended that he was not one of the three assailants and has been in custody since 24 January 2026. The Additional Public Prosecutor opposed bail, but the court noted the lack of corroborative evidence and the prolonged detention. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, emphasizing that the observation is prima facie and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner when the only evidence against him is a confessional statement of another accused.
Legislation cited
Subjects
- bail
- confessional statement
- murder
- arms act
- criminal procedure
- preliminary evidence
- detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34413 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- SAKSOHRA District- Patna
======================================================
Bipin Paswan @ Aman Kumar S/o Kamal Paswan Resident of Village-
Saksohara, P.S.- Saksohara, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Adv.
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Saksohara P.S. Case
No. 58 of 2025 registered for the offences under Sections
126(2), 127(2), 109(1) and 3(5) of BNS and Section 27 of Arms
Act.
3. The allegation is that the husband of the informant
was killed by three unknown persons. One of them Bipin
Paswan (Petitioner) was arrested and he identified two others.
4. Learned counsel for the petitioner submits that the
petitioner was not amongst those three. His name has come in
the confessional statement of Binay Kumar. The weapon used in
the crime was also recovered in the statement of Binay Kumar
thus except these there is no material against the petitioner. He
further submits that the petitioner is in custody since
24.01.2026.
Patna High Court CR. MISC. No.34413 of 2026(3) dt.24-06-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that except the confessional statement
of Binay Kumar there is no material against the petitioner and
the petitioner is in custody since 24.01.2026, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner, above named, 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 Court of Judicial Magistrate
1 s t Class, Barh, Patna in connection with Saksohara
P.S. Case No. 58 of 2025.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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