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. 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
- Bharatiya Nyaya Sanhita, 2023 — s. 305(e), 334(1)
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
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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
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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/-
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