Patna High Court
Shatrudhan Paswan @ Shatrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail is appropriate as there is no prima facie case against the petitioner.
Summary
Shatrudhan Paswan, not named in the FIR, was arrested on 08‑01‑2025 in connection with a murder case (Sections 103 and 3(5) of the B.N.S., 2023). The prosecution’s case rests solely on confessional statements of co‑accused Anant Paswan, with no material evidence linking the petitioner to the crime. The petitioner, claiming a clean antecedent, sought bail, arguing that the investigation was complete and a charge‑sheet had been filed. The State opposed bail, contending that the confessional statements implicated the petitioner. The Court held that the confessional statements alone did not establish a prima facie case, especially in the absence of any incriminating material and given the petitioner’s prolonged custody. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the B.N.S.
Issues considered
- What is the adequacy of confessional statements of co‑accused as a basis for denying bail when no other incriminating material exists?
- Whether the petitioner, not named in the FIR, is entitled to bail despite the prosecution’s claim of involvement in the murder.
Legislation cited
- B.N.S. — s. 480(3)
- B.N.S., 2023 — s. 103, 3(5)
- Cr.P.C. — s. 437(3)
Subjects
- bail
- confessional statement
- murder
- investigation completed
- prima facie evidence
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 67712 of 2025
Arising Out of PS. Case No.-267 Year-2024 Thana- NAWANAGAR District- Buxar
======================================================
Shatrudhan Paswan @ Shatrudhan Kumar, Son of Late Neharu Paswan
Resident of Village - Shivpur, P.S. - Nawanagar, District – Buxar.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwanand Upadhyay, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Nawanagar P.S. Case No. 267 of 2024 registered for the offence
under Sections 103, 3(5) of the B.N.S., 2023.
3. The accused/petitioner is not named in the F.I.R. and
is in custody since 08.01.2025.
4. As per FIR, the murder of son of the informant was
committed by named co-accused persons and unknown.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of petitioner transpired during the course
of investigation on the basis of confessional statement of
apprehended co-accused, namely, Anant Paswan and in
furtherance of which, no incriminating material recovered/surfaced
during investigation as to connect petitioner with present crime in
Patna High Court CR. MISC. No. 67712 of 2025(2) dt.09-01-2026
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question. It is submitted that petitioner was not even put on TIP as
yet. While concluding argument, it is submitted that investigation
of this case is already completed, for which charge-sheet has been
submitted, as such, there is no chance of tampering with the
evidence and, moreover, petitioner is a man of clean antecedent.
6. Learned APP duly assisted by Mr. Pankaj Kumar,
learned counsel appearing for the informant, while opposing the
prayer of bail submitted that this petitioner was actively involved in
committing murder of son of the informant. It is pointed out that
all apprehended co-accused persons while recording their
confessional statement named this petitioner qua his involvement
with crime in question.
7. Considering the aforesaid factual submissions and by
taking note of fact as save and except suspicion arising out of
multiple confessional statement, nothing incriminating appears
surfaced during investigation as to connect petitioner prima facie
with present crime in question coupled with the fact that
investigation of this case is already completed, where petitioner
remains in custody since 08.01.2025, accordingly, petitioner
above named, is directed to be released on bail in connection with
Nawanagar P.S. Case No. 267 of 2024, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No. 67712 of 2025(2) dt.09-01-2026
3/3
amount each to the satisfaction of learned Sessions Judge,
Buxar/concerned Court, subject to the conditions as mentioned
under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
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