Patna High Court
Jay Prakash Paswan @ Prakash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court denied bail, holding that the petitioner’s false declaration and prior confession, coupled with the absence of any changed circumstances, preclude the grant of bail.
Summary
The petitioner, Jay Prakash Paswan, was charged under Sections 103 and 3(5) of the BNS and Section 27 of the Arms Act in connection with the death of an informant's son. The prosecution alleged that Paswan and others left the hospital after the death and that one of them shot the victim. Paswan applied for regular bail, claiming innocence and stating he was not arrested on the spot and had no evidence against him. The State opposed bail, highlighting a prior bail denial where Paswan gave a false declaration about his criminal record and had made a confessional statement implicating himself. The court noted that no material change in circumstances existed since the earlier rejection and therefore denied the bail application, advising Paswan could reapply after six months.
Issues considered
- Whether the petitioner is entitled to regular bail despite a prior false declaration and a confessional statement.
- Whether the circumstances have changed sufficiently to warrant a fresh bail order.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances (BNS) Act — s. 103, 3(5)
Subjects
- bail
- false declaration
- confessional statement
- murder
- Arms Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4323 of 2026
Arising Out of PS. Case No.-899 Year-2024 Thana- MANER District- Patna
======================================================
Jay Prakash Paswan @ Prakash Paswan S/o Sri Bhushan Paswan R/v-
Gyashpur, P.S.- Manner, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Manner P.S. Case No. 899 of 2024, Sessions
Trial No. 1457 of 2025, registered for the offences punishable
under Sections 103, 3(5) of the BNS and Sections 27 of the
Arms Act.
3. The case of the prosecution is that on
27.12.2024, the informant who is Khadim at Maner Patna
lodged a written complaint before the SHO Maner P.S. Patna
stating that his wife at 04:30 PM informed him that his son has
got electrocuted and was admitted by Jay Prakash Paswan
(petitioner) in hospital at Maner. When the informant reached
the Primary Health Centre, Maner, the informant did not find his
Patna High Court CR. MISC. No.4323 of 2026(3) dt.03-04-2026
2/3
son there, but his wife met in the way who said that his son was
admitted at private clinic of one Dr. Lalit Mohan. The informant
reached there but he was told that his son had been admitted at
NSMCH, Bihta where his son was declared as dead. The police
was informed and on enquiry, the informant got knowledge that
the petitioner Jay Prakash Paswan, Kunal, son and grandson of
Baldeo Ram as well as 3-4 other persons left the hospital after
the death of the informant’s son and it has been further alleged
that one of the said persons had shot the informant’s son.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
The petitioner was not arrested on the spot. There is no evidence
against him. Moreover, the petitioner carried the deceased to the
hospital.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Earlier also, the petitioner had approached this
Court for grant of bail vide Criminal Miscellaneous No. 39699
of 2025, which was rejected by order dated 13.08.2025, because
the petitioner had given a false declaration/disclosure about his
criminal antecedents as well as for the reason that in the
confessional statement made during police custody, the
Patna High Court CR. MISC. No.4323 of 2026(3) dt.03-04-2026
3/3
petitioner had accepted his involvement in the murder of the
informant's son. Therefore, taking into account the gravity of the
offence alleged, the bail had been rejected. There is no changed
circumstance for grant of bail and therefore, the bail application
is once again rejected.
7. However, the petitioner, if so advised, may renew
his prayer for bail after six months.
(Alok Kumar Sinha, J)
kundan/-
U T
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