Patna High Court
Dileep Paswan @ Dileep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail should be granted subject to a cash bond of Rs 10,000, two sureties and the conditions specified in the order.
Summary
The petitioner, Dileep Paswan, was arrested in connection with alleged kidnapping and related offences under Sections 137(2), 87, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. He claimed he was falsely implicated, asserting that he was merely present at the house and not involved in the kidnapping, and highlighted a pattern of false complaints by the informant. The prosecution opposed bail, citing the seriousness of the charges and the petitioner’s prior criminal antecedents. The High Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a Rs 10,000 bond with two sureties and imposed conditions including attendance before the trial court, verification of antecedents, and periodic reporting to the Superintendent of Police. The order also stipulated cancellation of bail for non‑compliance or concealment of antecedents, while stating that the observations would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with kidnapping and related offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s alleged false implication and prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 351(2), 352, 87
Subjects
- bail
- kidnapping
- false implication
- criminal antecedent
- Bharatiya Nyaya Sanhita
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84318 of 2025
Arising out of PS. Case No.-208 Year-2025 Thana- CHOUTARWA District- West Champaran
======================================================
Dileep Paswan @ Dileep Kumar S/o Mahendra Paswan @ Mahendra Hajra
R/o Village- Rajabhar, P.S- Majhauliya, Dist- West Champaran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s: Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the
offences under Sections 137(2), 87, 352 and 351(2) of the
Bharatiya Nyaya Sanhita, 2023. He has one criminal antecedent.
3. As per the prosecution case, the informant gave a
written report stating that his wife and daughter had gone to at-
tend the call of nature then Babloo Kumar @ Babunand Kumar
along with 4-5 unknown persons forcefully took them away. It is
further alleged that when the informant went to the house of
Babloo Kumar the petitioner and his parents threatened him of
dire consequences.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and from bare
Patna High Court CR. MISC. No.84318 of 2025(2) dt.05-01-2026
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perusal of the FIR, it is evident that he was present at the house
and was not involved in the kidnapping of the said victim. It is
further submitted that the informant as well as the wife of the in-
formant are in the habit of lodging false case against the peti-
tioner and earlier two cases have been lodged against the peti-
tioner and others by the informant, i.e., Manjhauliya P.S. Case
No. 746 of 2024 and Bettiah Muffasil P.S. Case No. 99 of 2025.
It is lastly submitted that till date no TIP has been done and the
the petitioner is in custody since 13.09.2025 and he has two
criminal cases against his name in which he is on bail.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioner is in
custody since 13.09.2025, the petitioner above named, is di-
rected to be released on bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-1st, Bagaha, West Champaran in connection
with Chautarwa P.S. Case No. 208 of 2025, subject to the the
following conditions:-
(i) One of the bailors will be a
Patna High Court CR. MISC. No.84318 of 2025(2) dt.05-01-2026
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close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioner except aforementioned two
cases and in case at any stage it is found that the
petitioner has concealed his criminal an-
tecedent, the court below shall take step for can-
cellation of bail bond of the petitioner. How-
ever, the acceptance of bail bonds in terms of
the above-mentioned order shall not be delayed
for purpose of the same or in the name of verifi-
cation.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
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8. In view of the antecedents of the petitioner, the pe-
titioner is directed to appear before the Superintendent of Police,
West Champaran within fifteen days of his release with a copy
of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch
in this period by the Superintendent of Police concerned and if it
is found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the Su-
perintendent of Police, a certificate will be filed by the peti-
tioner before the court concerned.
(Sourendra Pandey, J)
Vikash/-
U T
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