Patna High Court
Chandan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
In the absence of any material directly implicating the petitioner, the court held that he is entitled to pre‑arrest bail.
Summary
Chandan Paswan, a 19‑year‑old student, was implicated in a dacoity case (Lakhnaur PS Case No.31 of 2025) under Sections 331(4), 305, 310(2) and 311 of the BNS. He was not named in the FIR; his name appeared only in a confessional statement of co‑accused Ganesh Yadav, which the petitioner argued has no evidentiary value. The State pointed to the recovery of stolen articles from another co‑accused, Isha Nadal, but offered no direct material against Paswan. The court considered Paswan’s youth, lack of direct evidence, and the inadmissibility of the co‑accused’s confession, and held that he had made out a prima facie case for pre‑arrest bail. Accordingly, the court ordered his release on pre‑arrest bail subject to a Rs.10,000 bond with two sureties and verification of any other pending cases.
Issues considered
- Whether a person not named in the FIR but implicated solely through a co‑accused's confessional statement is entitled to pre‑arrest bail.
- Whether the recovery of stolen articles from another co‑accused affects the grant of bail to the petitioner.
- Whether the petitioner's age and student status justify the grant of pre‑arrest bail.
Subjects
- pre‑arrest bail
- confessional statement
- dacoity
- sections 331, 305, 310, 311
- age of accused
- student status
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68672 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- LAKHNAUR District- Madhubani
======================================================
Chandan Paswan, Male, aged about 19 years, Son of Gauri Paswan @ Gaudi
Paswan, Resident of Village- Kachhua, P.S.- Lakhnaur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari, Advocate
Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 23-02-2026 Heard Ms. Nitu Kumari, learned counsel appearing
on behalf of the petitioner and Mr. Brajendra Nath Pandey,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Lakhnaur P.S. Case No. 31 of 2025, registered for the
offence punishable under Sections 331(4), 305, 310(2) and 311
of the BNS.
3. As per the allegation made in the FIR, some
unknown miscreants had committed dacoity of jewellery and
cash from house of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Petitioner is not named in
Patna High Court CR. MISC. No.68672 of 2025(3) dt.23-02-2026
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the FIR. Name of the petitioner has surfaced on the basis of
confessional statement made by co-accused Ganesh Yadav,
which has no evidentiary value in the eye of law. Family
members of the petitioner are in inimical terms with the said co-
accused Ganesh Yadav and, as such, he has roped the petitioner
in a criminal case. Petitioner is aged about 19 years and he is
student. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail, however, he submitted that
from page no. 18 of the case diary it appears that recovery of
stolen articles has been made from co-accused Isha Nadal.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that petitioner is not named in
the FIR. Name of the petitioner has surfaced on the basis of
confessional statement made by co-accused Ganesh Yadav,
which has no evidentiary value in the eye of law and in course
of investigation, recovery of stolen articles has been made from
co-accused Isha Nadal as would appear from paragraph no. 18
of the case diary. I am of the opinion that petitioner, who has
just emerged as an adult and is a student, in absence of any
material against him has, prima facie, made out a case to be
Patna High Court CR. MISC. No.68672 of 2025(3) dt.23-02-2026
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released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Lakhnaur P.S. Case No. 31
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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