Patna High Court
Chotan Paswan @ Chhotan Paswan @ Chotan Kumar @ Chhotan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, in view of the lack of incriminating material, the confessional statement of a co‑accused having no evidentiary value and the petitioner’s custody period, bail should be granted.
Summary
The petitioner, Chotan Paswan, sought bail in a case registered as Amas P.S. Case No. 02 of 2022 for offences under Section 394 of the Indian Penal Code, alleging robbery and assault. The prosecution alleged that four unknown persons assaulted an informant and snatched a motorcycle, mobile phone, and jacket, with the petitioner’s name emerging from a co‑accused’s confessional statement. The petitioner’s counsel argued that he was falsely implicated, not named in the FIR, and that no incriminating material was recovered from his possession, while also noting his six prior criminal antecedents. The State opposed bail, but the Court considered the lack of substantive evidence, the confessional statement’s doubtful value, and the period of custody already served. Consequently, the Court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding court appearances. The bail was ordered subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 394 IPC given the evidentiary material and the confessional statement of a co‑accused.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 394
Subjects
- bail
- Section 394 IPC
- robbery
- confessional statement
- co‑accused
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84058 of 2025
Arising Out of PS. Case No.-2 Year-2022 Thana- AMAS District- Gaya
======================================================
Chotan Paswan @ Chhotan Paswan @ Chotan Kumar @ Chhotan Kumar Son
of Late Rajendra Paswan Resident of Village- Kamaldah, P.S.- Praiya,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Amas
P.S. Case No. 02 of 2022, instituted for the offences punishable
under Section 394 of the Indian Penal Code.
3. The prosecution case, in short, is that four unknown
miscreants are alleged to have assaulted the informant and
snatched the motorcycle of one Sujeet Kumar and also snatched
mobile phone and jacket of the informant on the point of pistol.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
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incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused, namely, Nitish
Kumar and the same has got no evidentiary value. It is next
submitted that neither any recovery has been made from the
possession of the petitioner nor any T.I. parade has been
conducted in this case. The petitioner is in custody since
08.08.2025 and has got six criminal antecedents. Learned
counsel for the petitioner further submits that other co-accused
has been granted regular bail by a Co-ordinate Bench of this
Court vide order dated 14.02.2025 passed in Cr. Misc. No.
83923 of 2024.
5. Learned APP 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 and taking into account 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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Amas P.S. Case No.
02 of 2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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