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Patna High Court

Uday Paswan @ Udai PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner, finding the allegations serious and the evidence sufficient to justify continued custody.

Summary

The petitioner, Uday Paswan, applied for bail in a case involving kidnapping, murder and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the informant’s son was kidnapped during a Saraswati Puja procession and later found dead, and that the petitioner was implicated based on a confessional statement of co‑accused J.K. (Chandan Paswan). The petitioner contended that he was falsely implicated, that the FIR does not name him, and that the confessional statement lacks evidentiary value, also pointing to the grant of bail to other co‑accused. The State opposed bail, relying on the confession naming the petitioner and the seriousness of the charges. The Court held that, given the nature of the accusations, the seriousness of the offences and the lack of direct evidence, bail could not be granted. Consequently, the bail prayer was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to bail for offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether a confessional statement of a co‑accused can be relied upon to deny bail.
  • Whether the seriousness of the alleged offences and risk of tampering justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • kidnapping
  • murder
  • confessional statement
  • evidentiary value
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59474 of 2025
                    Arising Out of PS. Case No.-30 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Uday Paswan @ Udai Paswan S/O Rajendra Paswan R/O Village- Mahuwari,
                 P.S - Akorigola, District- Rohtas at Sasaram.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar No. 2, APP
                 For the Informant        :      Mr. Vikalp, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   30-01-2026                         Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in connection with

                   Akorigola P.S. Case No. 30 of 2025, instituted for the offences

                   punishable under Sections 137(2), 140(2), 140(1), 352, 351(3)

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the

                   informant’s son got kidnapped from his house while the

                   Saraswati Puja procession was passing through his house. It is

                   further alleged that the informant’s son and daughter of Anil

                   Paswan were having love affair. When the Informant enquired

                   about his son from Anil Paswan then he was threatened with
Patna High Court CR. MISC. No.59474 of 2025(3) dt.30-01-2026
                                            2/3




          dire consequences with regard to his son by the FIR named

          accused persons. It is further alleged that, later on, the dead

          body of the deceased was recovered by the police.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the petitioner also submitted that there is no

          specific or direct allegation of any overt act against the

          petitioner rather the same is general and omnibus in nature. The

          petitioner is not named in the FIR and his name has surfaced in

          this case in course of investigation on the basis of confessional

          statement of the co-accused J.K. @ Chandan Paswan recorded

          before the police which has got no evidentiary value in the eye

          of law. The petitioner happens to be the relative of co-accused

          Anil Paswan whose daughter was having love affair with the

          deceased and, only due to this reason, the petitioner has been

          implicated in the present case. The petitioner is in custody since

          17.02.2025 and has got two criminal antecedents in which he is

          on bail. Learned counsel for the petitioner further submitted that

          other co-accused have been granted regular bail by this Court

          vide order dated 01.09.2025 passed in Cr. Misc. No. 28188 of

          2025.
             Patna High Court CR. MISC. No.59474 of 2025(3) dt.30-01-2026
                                                         3/3




                                    5. Learned APP for the State and learned counsel for

                       the informant have vehemently opposed the prayer for grant of

                       bail to the petitioner. It is next submitted that the witnesses have

                       supported the prosecution case in paragraph nos. 4, 12 and 13 of

                       the case diary. On perusal of paragraph no. 57 of the case diary,

                       it transpires that co-accused J.K. @ Chandan Paswan has

                       confessed the name of the petitioner and has levelled specific

                       allegation against him of killing the deceased. Hence, the

                       petitioner does not deserve the privilege of bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature of accusation and the gravity of the offence,

                       this Court is not inclined to grant bail to the petitioner.

                                    7. The prayer is rejected. The trial Court is directed to

                       expedite the Trial.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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