Patna High Court
Ajad Paswan @ Aajad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of any material linking the petitioner to the offence beyond a co-accused’s confession, and considering his clean antecedents and parity with co-accused, anticipatory bail under Section 482(2) of the B.N.S.S. is warranted.
Summary
Ajad Paswan sought anticipatory bail fearing arrest in a case registered under Sections 303(2), 317(2) and 3(5) of the B.N.S., where stolen household items were recovered from a co-accused, Tuntun Mahto, who implicated the petitioner in his confession. The petitioner argued that no material other than the co-accused’s confession linked him to the offence, that no stolen articles were found in his possession, and that he had clean antecedents, noting that similarly situated co-accused had earlier been granted anticipatory bail. The State opposed the bail. The court, considering the lack of substantive evidence, the petitioner’s clean record and parity with other co-accused, allowed the anticipatory bail under Section 482(2) of the B.N.S.S., subject to a bail bond and two sureties, and imposed conditions for cancellation if criminal antecedents or false statements were later discovered.
Issues considered
- Whether anticipatory bail can be granted when the only incriminating material is a co-accused’s confessional statement.
- Whether the petitioner’s clean antecedents and parity with co-accused justify the grant of anticipatory bail.
- Whether Section 482(2) of the B.N.S.S. empowers the court to grant anticipatory bail in such circumstances.
Legislation cited
Subjects
- anticipatory bail
- confessional statement
- clean antecedents
- Section 482
- Bihar
- criminal procedure
- burden of proof
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5359 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- ROSERA District- Samastipur
======================================================
Ajad Paswan @ Aajad Kumar Son of Nand Lal Paswan Resident of Village-
Panchupur, P.S.- Rosera, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raja Ram Mishra, Advocate
For the State : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 303(2),
317(2) and 3(5) of B.N.S..
3. As per prosecution case, it is alleged that in the
absence of the informant, the household items of his home were
stolen by some unknown persons. However, later on, some of
the stolen property was recovered from the possession of one
Tuntun Mahto and as per his confessional statement, the name
of the petitioner and other co-accused persons transpired.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.5359 of 2026(4) dt.22-04-2026
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this case merely on the basis of confessional statement of co-
accused Tuntun Mahto. Save and except confessional statement,
there is no material on record to show the complicity of this
petitioner in the alleged offence. No stolen articles were
recovered from possession of this petitioner. It is further
submitted that similarly situated co-accused persons has already
been granted the privilege of anticipatory bail by a Co-ordinate
Bench of this Hon’ble Court vide order dated 27.08.2025 passed
in Cr. Misc. No. 57561 of 2025. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-I, Rosera,
Patna High Court CR. MISC. No.5359 of 2026(4) dt.22-04-2026
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Samastipur in connection with Rosera P.S. Case No. 129 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S., along with the following conditions:-
“(i) In case, it is brought to the notice of the court below
that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner
after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents
despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below
that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioner.”
(Prabhat Kumar Singh, J)
shashank/-
U T
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