Patna High Court
Navin PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions specified under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
Navin Paswan, a life‑term convict, applied for bail in a case (PS Case No. 160 of 2025) alleging offences of extortion, robbery, attempted murder and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Paswan, along with co‑accused, demanded money, seized a gold chain and attempted to shoot the informant. Paswan’s counsel contended that he was not present at the scene, was in Begusarai for his wife’s treatment, and that the injury to the informant was minor; he also highlighted that he was on bail in other pending cases. The State opposed bail, emphasizing Paswan’s criminal history and the seriousness of the alleged offences. After considering the charge‑sheet, custody period and submissions, the court ordered his release on bail with a bond of Rs 10,000, two sureties, and conditions under Section 480(3) of the BNSS, including verification of any other pending cases and compliance with attendance requirements.
Issues considered
- Whether bail should be granted to a life‑term convict charged with extortion, robbery, and attempted murder under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s alleged non‑presence at the scene and prior bail in other cases justify release.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109 r/w 3(5), 118(1), 126(2), 303(2), 308(5), 351(2), 480(3)
Subjects
- bail
- extortion
- robbery
- attempted murder
- criminal antecedent
- Section 480(3)
- BNSS
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78521 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Navin Paswan S/O Late Dhaneshwar Paswan R/O vill - Mathurapur, P.S and
dist. - khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
For the Informant : Mr. Rahul Singh, Advocate
Mr. Sushant Kumar, Advocate
Mr. Amar Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Khagaria P.S. Case No. 160 of 2025 registered
for the alleged offences under Sections 126(2), 118(1), 308(5),
351(2), 303(2) and 109 r/w Section 3(5) of Bharatiya Nyaya
Sanhita, 2023.
03. As per prosecution case, the petitioner, a convict
of life term, along with other co-accused persons demanded
extortion money from the informant. They threatened the
informant with same fate as of his father, who had been
murdered. The allegation against the petitioner is that he along
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with other co-accused persons caught hold of the informant and
snatched a gold chain worth Rs. 80,000/- from the informant.
The co-accused fired upon the informant but the shot missed
him.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. There is no specific allegation against the petitioner of
assault or demanding extortion. The petitioner was not even
present at the place of occurrence as he was in Begusarai getting
treatment for his wife. Learned counsel further submits that,
moreover, the informant sustained injury caused by forceful
impact like hard and blunt substance and the nature of injury has
been found to be simple. Learned counsel further submits that
the petitioner is in custody since 20.08.2025 and charge-sheet
has been submitted. The petitioner is having antecedent of 35
cases, out of which, in 30 cases, he has been
acquitted/discharged/final form submitted and only five cases
are pending against him and he is on bail in all the five cases.
05. Learned APP for the State as well as learned
counsel for the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
informant submits that the petitioner is a veteran criminal and he
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has also been convicted and sentenced to undergo life
imprisonment and has been enlarged on bail by order of this
Court. The petitioner and other co-accused persons made
attempt on the life of the informant and they had been
demanding extortion money.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Khagaria/court
concerned in connection with Khagaria P.S. Case No. 160 of
2025 (G.R. No. 1366 of 2025), subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) Before accepting the bail bond of the
petitioner, the concerned court will verify his
criminal antecedent, and if the petitioner is found
to be involved in any other cases besides those
mentioned above, his bail bond will not be
accepted.
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(ii) One of the bailors will be a close relative of
the petitioner.
(iii) The petitioner will remain present on each
and every date fixed by the court below.
(iv) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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