Patna High Court
Mukesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioners.
Summary
The petitioners, Mukesh Kumar Paswan and Rakesh Kumar Paswan, were arrested in connection with a dacoity alleged under Section 395 of the Indian Penal Code, based on a self‑inculpatory statement of a co‑accused. They have been in custody since February 2023 and face six additional serious criminal cases. They applied for regular bail before the Patna High Court. The Court examined the merits, noting the serious nature of the offence, the self‑incriminating evidence, and the petitioners' criminal antecedents. Considering these factors, the Court was not inclined to grant bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail should be granted to the petitioners accused under Section 395 IPC given the seriousness of the offence and their criminal antecedents?
Legislation cited
- Indian Penal Code — s. 395
Subjects
- regular bail
- bail
- dacoity
- IPC 395
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72314 of 2024
Arising Out of PS. Case No.-111 Year-2022 Thana- SIKTA District- West Champaran
======================================================
1. Mukesh Kumar Paswan Son of Sonelal Paswan Resident of village-
Majhoura Tola, P.S.- Bela, District- Sitamarhi
2. Rakesh Kumar Paswan Son of Sonelal Paswan Resident of village-
Majhoura Tola, P.S.- Bela, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Seen the office notes. The defect(s), as pointed out, is
ignored.
2. Heard the case on merits.
3. The petitioners seek regular bail in connection with
Sikta P.S. Case No. 111 of 2022 registered for the offence under
Section 395 of the Indian Penal Code.
4. A dacoity was committed in the house of the
informant. The name of the petitioners has come in the self-
inculpatory statement of the co-accused. The petitioners were
remanded in this case on 01.02.2023 and since then they are in
jail in the present case. The petitioners are accused in six more
cases of similar and serious cases.
Patna High Court CR. MISC. No.72314 of 2024(4) dt.24-03-2026
2/2
5. Considering the criminal antecedents and the
allegations levelled against the petitioners, this Court is not
inclined to grant regular bail to the petitioners.
6. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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