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Patna High Court

Gulshan Kumar @ Rifle PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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. 9 of 2025) involving alleged break‑in and theft of Rs.11,495. He sought bail, arguing that his name was absent from the FIR and that the only link to him was a confessional statement of a co‑accused, with no direct evidence against him. The State opposed bail, citing his multiple criminal antecedents and pending cases. The court examined the lack of substantive evidence and the petitioner’s criminal history, and decided to grant bail subject to stringent conditions, including surety, personal appearance, reporting to the Superintendent of Police, and possible cancellation for future offences. The order emphasized that the observations made are not binding during trial.

Issues considered

  • Whether bail should be granted in a case where the petitioner is not named in the FIR and evidence against him is limited to a co‑accused's confession.
  • Whether the petitioner’s extensive criminal antecedents justify denial of bail under Sections 305(e) and 334(1) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • theft
  • Section 305(e)
  • Section 334(1)
  • Bharatiya Nyaya Sanhita
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85834 of 2025
                         Arising Out of PS. Case No.-9 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. 9 of 2025,

                   registered for the offences punishable under Sections 305(e) and

                   334(1) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant has

                   alleged that eight locks and four cupboards (almirah) were

                   broken and a cash amount of Rs.11,495/- was stolen.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is not named in the FIR and it was during the

                   course of investigation and on the confessional statement of co-

                   accused Rohit Kumar, the name of the petitioner has transpired.

                   It has next been submitted that there is no evidence on record to
Patna High Court CR. MISC. No.85834 of 2025(2) dt.09-01-2026
                                            2/3




          connect the petitioner to the present case and the police

          implicated the petitioner in the present case only because he

          carries a long list of criminal antecedents. It has next been

          submitted that the petitioner is an accused in six other criminal

          cases and he is on bail in two such cases. It has lastly been

          submitted that the petitioner is in custody since 20.03.2025.

                       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. 9 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
                          the court concerned.
                                     (iv) If the petitioner is found involved in
                          similar nature of offence in future, the prosecution shall
              Patna High Court CR. MISC. No.85834 of 2025(2) dt.09-01-2026
                                                          3/3




                                        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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