Patna High Court
Sanjay Paswan @ TewraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sanjay Paswan, was arrested in connection with a case registered under Sections 399, 402 and 412 of the IPC, along with Sections 25(1‑b)a, 26 and 35 of the Arms Act and Sections 8 and 20(b)(ii)(c) of the NDPS Act. The prosecution’s case relied on the recovery of charas from a co‑accused, Birju Kumar, and on the co‑accused’s confessional statement that implicated the petitioner. The petitioner contended that he had no possession of any contraband, that nothing was recovered from his conscious possession, and that he was innocent. The State opposed the bail application, citing the seriousness of the offences. The High Court, after considering the lack of direct material against the petitioner, allowed the regular bail with a bond of Rs.10,000 and two sureties, subject to attendance at the police station every Sunday and regular appearance in trial, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether regular bail can be granted in a case involving theft, dacoity, arms and NDPS offences when the petitioner’s involvement is based solely on a co‑accused’s confession.
- Whether the conditions imposed by the court are sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 399, 402, 412
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 8
Subjects
- regular bail
- IPC
- Arms Act
- NDPS Act
- co‑accused confession
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35906 of 2026
Arising Out of PS. Case No.-285 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Sanjay Paswan @ Tewra Son of Suresh Paswan R/O Dighi Kala West, Gop
Tola, P.S- Sadar Hajipur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Adv.
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Hajipur Sadar P.S. Case No. 285 of 2024, registered for the
offences punishable under Sections 399, 402 & 412 of the I.P.C.
read with Sections 25(1-b)a, 26 & 35 of the Arms Act and
Sections 8/20(b)(ii)(c) of the N.D.P.S. Act.
3. As per the prosecution case, there is a recovery of
charas from the co-accused Birju Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 26.03.2025. Nothing has been
recovered from the conscious possession of the petitioner. The
name of the petitioner has figured in this case on the basis of
confessional statement of the co-accused.
Patna High Court CR. MISC. No.35906 of 2026(2) dt.30-06-2026
2/3
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Hajipur Sadar P.S.
Case No. 285 of 2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. with further conditions
that:-
(i) The petitioner will mark
his attendance at the Hajipur Sadar
Police Station on the every Sunday of
each month. Any default in
appearance at the Police Station
would result in cancellation of bail
bond of the petitioner.
(ii) The petitioner shall
appear in the trail regularly either
personally or through his lawyer and
shall cooperate in the trial and non-
cooperation in the trial shall result in
cancellation of the bail bond of the
petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.35906 of 2026(2) dt.30-06-2026
3/3
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.
(Sandeep Kumar, J)
sadique/-
U T
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