Created by Fuzzy Cloud

Patna High Court

Kishun Kumar Paswan @ Kishun PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the confessional statement and CCTV footage corroborated the petitioner's involvement in the murder.

Summary

The petitioner, Kishun Kumar Paswan, was arrested in connection with a murder case (G.R. No. 1538 of 2025) under Section 103(1) of the Bihar Non-Applicable Statutes and Section 27 of the Arms Act. The deceased was the informant's father, who died en route to a medical facility after being shot. The petitioner claimed innocence, arguing that the FIR was lodged against unknown persons and that only his confessional statement linked him to the crime. The informant opposed bail, asserting that the petitioner's confession was corroborated by CCTV footage showing the petitioner and another individual chasing the deceased on a motorcycle. The court found the confession and CCTV evidence sufficient to deny bail, concluding that the petitioner did not merit the privilege of bail.

Issues considered

  • Whether the petitioner is entitled to bail in a murder case under Section 103(1) of the Bihar Non-Applicable Statutes and Section 27 of the Arms Act
  • Whether the confessional statement, corroborated by CCTV footage, establishes sufficient grounds to deny bail

Legislation cited

Subjects

  • bail
  • confessional statement
  • CCTV evidence
  • murder
  • Arms Act
  • Section 103(1) BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85085 of 2025
                 Arising Out of PS. Case No.-118 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Kishun Kumar Paswan @ Kishun Paswan S/O Raj Kumar Paswan R/O
                 Village- Rampur Shiva, P.S- Andhrathadhi, Distt.- Madhubani.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ratnakar Jha
                 For the State          :        Mr. Manoj Kumar
                 For the Informant      :        Mr. Ramchandra Jha Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   20-02-2026                   Heard learned counsel for the petitioner as well as the

                   informant and learned APP for the State.

                                 2. The petitioner seeks bail in connection with G.R.

                   No. 1538 of 2025 arising out of Andharathadhi P.S. Case No.

                   118 of 2025 in a case registered for the offence punishable

                   under Sections 103(1) of the BNS and 27 of the Arms Act.

                                 3. The informant is son of the deceased. As per

                   allegation, some unknown miscreants committed murder of his

                   father by firing shots. His father was referred to the DMCH,

                   Darbhanga but on way, he died.

                                 4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   the present case. The FIR has been lodged against the unknown
             Patna High Court CR. MISC. No.85085 of 2025(3) dt.20-02-2026
                                                         2/2




                       persons and none has seen the occurrence. It has also been

                       submitted that except the confessional statement of the

                       petitioner, there is nothing against him. It has further been

                       submitted that the petitioner is a person of clean antecedent and

                       is in custody since 10.08.2025.

                                    5. Learned counsel for the informant has opposed the

                       prayer for bail of the petitioner and submitted that the

                       confessional statement of the petitioner is corroborated by the

                       CCTV footage, the description thereof has been given in

                       paragraph no. 22 of the case dairy in which it has been

                       mentioned that the petitioner and Chandan Kumar Paswan were

                       seen in CCTV footage chasing the deceased on their

                       motorcycle.

                                    6. The confessional statement of the petitioner is

                       corroborated by the CCTV footage.

                                    7. Considering the aforesaid facts and circumstances,

                       the petitioner does not deserve privilege of bail. Accordingly, it

                       is rejected.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.