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Patna High Court

BADAL PASWANversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail to the petitioner, holding that the evidence justified continued custody.

Summary

Badal Paswan was arrested in connection with the theft of a gold chain allegedly snatched from a schoolgirl, Soni Kumari, as recorded in a FIR under Section 309(4) of the BNS. The petitioner contended that he was falsely implicated, not named in the FIR, and that the allegation was based solely on suspicion and CCTV footage, asserting that the chain was recovered from his room and he had not undergone a Test Identification Parade. The State opposed bail, emphasizing the informant's identification and the recovery of the chain from the petitioner’s premises. The Court examined the FIR, case diary, and the recovery details, and concluded that the evidence warranted continued custody. Consequently, the Court rejected the petitioner's regular bail application, permitting a re‑application after one year of custody.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the BNS in view of the evidence of recovery and CCTV identification.
  • Whether the petitioner’s alleged non‑naming in the FIR and lack of a Test Identification Parade preclude bail.

Legislation cited

Subjects

  • bail
  • theft
  • gold chain
  • CCTV evidence
  • informant identification
  • Section 309(4) BNS
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79090 of 2025
                    Arising Out of PS. Case No.-102 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
                 ======================================================
                 Badal Paswan, Male, aged about 30 years, Son of Baidyanath Paswan
                 Resident of Village - Jurabganj, P.S.- Kodha, District - Katihar.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Shekhar Anand, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

3   17-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhagalpur Industrial Area P.S. Case No. 102 of 2025 instituted

                   for the offences punishable under Section 309(4) of the BNS.

                                3. As per allegation in the FIR, the informant namely

                   Soni Kumari came at Zeromile Chowk to see-off her daughter

                   in the school but, two boys on a black coloured motorcycle

                   came and snatched a gold chain from her neck and fled away

                   towards Toll-plaza.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case only on the basis of

                   suspicion. He submits that petitioner is not named in the FIR

                   and his name has been surfaced in this case during course of
Patna High Court CR. MISC. No.79090 of 2025(3) dt.17-01-2026
                                            2/3




          investigation on the basis of C.C.T.V. footage. He further

          submits that the allegation against the petitioner is totally false,

          fabricated and concocted. He next submits that the petitioner

          has not put on Test Identification Parade till date. He lastly

          submits that the gold chain was recovered from the room of the

          petitioner, which was identified by the informant. He again

          submits that petitioner was arrested with the motorcycle by

          Katoria Police and on the information given by Katoria Police,

          the petitioner has been remanded in this case. Petitioner has got

          clean antecedent as stated in para 3 of the petition is in custody

          since 02.08.2025.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6.From perusal of the FIR, case diary and also

          perused the impugned order dated 26.09.2025 passed by the

          learned Principal Sessions Judge, Bhagalpur it appears that

          allegation against this petitioner is specific that the recovery is

          from the house of the petitioner and the informant has identified

          the same. From perusal of the records, it also appears that on the

          basis of written report of the informant, FIR has been registered

          under Section 309(4) of the BNS against unknown persons.

          During investigation, the looted golden chain has been
            Patna High Court CR. MISC. No.79090 of 2025(3) dt.17-01-2026
                                                        3/3




                      recovered from the room of the present petitioner and he has

                      also identified in CCTV footage, so considering all these aspects

                      of the case and submission of learned counsel for the petitioner,

                      I am not inclined to grant bail to the petitioner.

                                   7. Prayer for regular bail of the petitioner is hereby

                      rejected.

                                   8. However, the petitioner may renew his prayer for

                      bail before the Trial Court after completion of one year in

                      custody.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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