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Patna High Court

Shyam PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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