Patna High Court
Suraj Paswan @ Sukhdeo PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Suraj Paswan, was arrested in connection with a theft of approximately ₹4 lakh from an informant's shop, alleged under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on a confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR and no incriminating material was recovered from him. The petitioner’s counsel argued that he was falsely implicated, had been in custody since 18‑07‑2025, and possessed five prior criminal antecedents. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The court, after considering the lack of direct evidence, the duration of custody, and the principle of bail, decided to grant bail subject to monetary and procedural conditions. The bail order required a bond of Rs.15,000 with two sureties, a family member as one bailor, and compliance with appearance requirements.
Issues considered
- Whether bail should be granted to the petitioner under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023 despite prior criminal antecedents
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants continued detention
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- false implication
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5713 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- TEKARI District- Gaya
======================================================
Suraj Paswan @ Sukhdeo Paswan S/o Mahendra Paswan R/o Vill- Utraudh,
PS- Chakand, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kr. Sinha, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Tekari
P.S. Case No. 140 of 2025 instituted for the offences under
Sections 334(1), 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the informant’s
shop was broken into and theft of cash and valuables worth
about ₹4 lakhs was committed.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Pankaj Kumar. No incriminating article has been
Patna High Court CR. MISC. No.5713 of 2026(2) dt.28-01-2026
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recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the stolen articles. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
18.07.2025 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Tekari P.S. Case No.
140 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
Patna High Court CR. MISC. No.5713 of 2026(2) dt.28-01-2026
3/3
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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