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Patna High Court

Chotan Paswan @ Chhotan Paswan @ Chotan Kumar @ Chhotan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.84058 of 2025(2) dt.20-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.84058 of 2025(2) dt.20-01-2026
                                                         3/3




                       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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