Patna High Court
Vijay Paswan @ Bijay Paswan @ Vijay Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to a bond of Rs.15,000 with two sureties and the usual conditions of appearance, non‑tampering with evidence and non‑intimidation of witnesses.
Summary
The petitioner, Vijay Paswan, was charged under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023 for a theft of approximately ₹4 lakh. The prosecution’s case relied on a confessional statement of a co‑accused, as the petitioner’s name did not appear in the FIR and no stolen articles were recovered from him. The petitioner argued that he was falsely implicated and had been in custody since 18‑07‑2025 despite having five prior criminal antecedents. The State opposed bail. Considering the lack of direct evidence, the period of custody, and the petitioner’s claim of false implication, the court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties and imposing standard bail conditions. The bail order was made subject to compliance with those conditions and the trial court’s authority to cancel the bail if violated.
Issues considered
- Whether bail should be granted to the petitioner for offences under Sections 334(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the confession of a co‑accused suffices to justify the petitioner’s arrest in the absence of his name in the FIR and without recovery of incriminating material.
- Whether the petitioner’s period of custody and prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
Subjects
- bail
- criminal procedure
- false implication
- theft
- Bharatiya Nyaya Sanhita
- Section 334
- Section 303
- sureties
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82017 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- TEKARI District- Gaya
======================================================
Vijay Paswan @ Bijay Paswan @ Vijay Kumar Paswan S/o Balman Paswan
@ Balbant Paswan R/o Village - Durbe, P.S - Chandauti, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Tekari
P.S. Case No. 140 of 2025 instituted for the offences under
Sections 334(1), 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the informant’s
shop was broken into and theft of cash and valuables worth
about ₹4 lakhs was committed.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Pankaj Kumar. No incriminating article has been
Patna High Court CR. MISC. No.82017 of 2025(3) dt.06-02-2026
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recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the stolen articles. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
18.07.2025 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Tekari P.S. Case No.
140 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
Patna High Court CR. MISC. No.82017 of 2025(3) dt.06-02-2026
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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