Patna High Court
Shyam PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Shyam Paswan, applied for bail in a criminal case registered under Section 309(4) of the B.N.S. The prosecution alleged that the petitioner was involved in a robbery where four unknown persons looted money, a mobile phone, and an Aadhaar card from an informant and others. The petitioner claimed innocence, stating that his name appeared only in the co-accused Krishna Paswan's confessional statement and that no material was recovered from him. The court noted that a co-accused, Amit Kumar Paswan, had previously been granted bail by a coordinate bench. Considering the circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S. given the facts of the alleged robbery and his alleged involvement
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309
- false implication
- co-accused
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68826 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Shyam Paswan S/O Harishchandra Paswan Resident of Village- Parsahi, Ward
No.- 03, Police Station- Khutauna, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Prasad Yadav
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-309(4) of the B.N.S.
3. Prosecution case, in short is that while the
informant alongwith Md. Azad and Shubhankar Kumar was
going to deposit the collection money in Fino Customer Care
Centre, Parshai Chowk, in the way, near mango orchard of
Parshai Brahamasthan, four unknown persons came and having
confined the informant and others, they looted money, mobile
and Adhar Card from their possession.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
Patna High Court CR. MISC. No.68826 of 2025(2) dt.12-01-2026
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in this case. Nothing has been recovered from his possession.
His name has figured in confessional statement of co-accused,
Krishna Paswan. On similar footing, the co-accused Amit
Kumar Paswan has been granted bail by a coordinate bench of
this court. The petitioner is under custody since 20-06-2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate-Ist Class, Jhanjharpur/concerned court, Madhubani
in connection with Khutauna P.S. Case No. 03 of 2025 with
condition that the petitioner shall cooperate with the trial of the
case and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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