Patna High Court
Sughand PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Sughand Paswan, was charged under Section 309(6) of the BNS for an alleged assault and robbery where three miscreants allegedly used a knife and gun to snatch cash and documents from an informant. The petitioner contended that he was falsely implicated at the behest of a rival, that no material was recovered from him, and that no identification parade was conducted. He had been in custody since 10 August 2025 but was already on bail in other cases. The State opposed bail, but the court noted the absence of any recovery, the lack of identification, and the length of custody, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also stipulated that any future recovery against the petitioner would lead to cancellation of the bail bond.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the BNS given the facts of the case.
- Whether the absence of material recovery and lack of an identification parade justify granting bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
Subjects
- bail
- false implication
- assault
- robbery
- identification parade
- charge sheet
- Section 309(6) BNS
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 6060 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Sughand Paswan Son of Jitendra Paswan Resident of Village - Dilawarpur,
P.S.- Bahadurpur, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Das, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bahadurpur P.S. Case No. 387 of 2025,
registered for the offences under Sections 309(6) of the BNS.
3. As per the prosecution case, three miscreants at
knife and gun point assaulted the informant and snatched cash
of Rs.2500/-, mobile phone, aadhaar card, pan card and other
articles from the informant and they also assaulted him. The
name of the petitioner transpired during investigation for being
involved in the said occurrence along with other co-accused
persons.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case at the behest
Patna High Court CR. MISC. No. 6060 of 2026(2) dt.04-02-2026
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of one Raushan Kumar who has earlier lodged Sadar PS Case
No. 22 of 2020 against this petitioner and at his instance the
police has implicated the petitioner in a number of cases. The
name of the petitioner came in this case in the confessional
statement of co-accused persons but nothing incriminating has
been recovered from person or possession of this petitioner. No
Test Identification Parade has been conducted to identify the
miscreants. The petitioner is in custody since 10.08.2025 and he
is on bail in all these cases.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet against the petitioner, no recovery
from the person or possession of the petitioner and also
considering his period of custody, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned ACJM-IX,
Darbhanga/concerned court, in connection with Bahadurpur P.S.
Case No. 387 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
Patna High Court CR. MISC. No. 6060 of 2026(2) dt.04-02-2026
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(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
7. It is made clear that if any recovery has been shown
from this petitioner, the bail bond of the petitioner will not be
accepted by the learned trial court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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