Patna High Court
Gulshan Kumar @ Rifle PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Gulshan Kumar @ Rifle Paswan, was arrested in connection with a theft case (Bankey Bazar P.S. Case No. 8 of 2025) involving alleged robbery of jewelry worth Rs.50,000 and cash of Rs.6,000. He sought bail for offences under Sections 305 and 334(1) of the Bharatiya Nyaya Sanhita, 2023, contending that his name does not appear in the FIR and that his implication arose solely from the confessional statement of co‑accused Rohit Kumar. The prosecution argued that the theft was serious and that the petitioner has six prior criminal antecedents, two of which are currently on bail. The court noted the absence of any incriminating article recovered from the petitioner and the lack of direct evidence linking him to the crime. Considering the petitioner’s antecedents but also the weak evidentiary basis, the court granted bail subject to a Rs.10,000 bond, two sureties, and a series of conditions including regular court appearances and reporting to the Superintendent of Police. The order emphasized that any violation of the conditions could lead to cancellation of bail. The court clarified that observations in the bail order would not affect the trial proceedings.
Issues considered
- Whether bail should be granted in a case involving theft under Sections 305 and 334(1) of the Bharatiya Nyaya Sanhita, 2023 despite the petitioner’s prior criminal antecedents.
- Whether the confessional statement of a co‑accused is sufficient to justify denial of bail in the absence of direct evidence.
- Whether the petitioner’s lack of possession of incriminating articles warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 334(1)
Subjects
- bail
- criminal antecedent
- theft
- Bharatiya Nyaya Sanhita
- Section 305
- Section 334(1)
- confessional statement
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85807 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- Bankebazar District- Gaya
======================================================
Gulshan Kumar @ Rifle Paswan, S/O Devendra Paswan, R/O Village- Bechu
Bigha (Bechubigha), P.S- Bankey Bazar, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Bankey Bazar P.S. Case No. 8 of 2025,
registered for the offences punishable under Sections 305 and
334(1) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that jewelry worth Rs.50,000/- and cash of Rs. 6,000
have been stolen from a shop.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the FIR and his name has
transpired in this case during the course of investigation on the
basis of the confessional statement of co-accused Rohit Kumar.
It has next been submitted that no incriminating article has been
Patna High Court CR. MISC. No.85807 of 2025(2) dt.09-01-2026
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recovered from the conscious possession of the petitioner and in
fact the petitioner has been implicated in this case falsely, as he
carries six criminal antecedents against his name. It has further
been submitted that there is no evidence on record to connect
the petitioner with the aforesaid incident. It has lastly been
submitted that the petitioner in the six criminal cases is on bail
in two of these cases and in the present case he is in custody
since 24.03.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Bankey Bazar P.S. Case No. 8 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
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the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Gaya 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 Superintendent of Police, a certificate
will be filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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