Patna High Court
BADAL PASWANversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Negotiable Instruments Act — s. 309(4)
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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