Patna High Court

Suraj Paswan @ Sukhdeo PaswanversusThe State of Bihar

Decided: 3 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties and specific attendance conditions.

Summary

The petitioner, Suraj Paswan, was arrested in connection with a robbery case (Panchanpur P.S. Case No. 52 of 2025) alleged under Sections 331(4) and 305 of the B.N.S. The prosecution’s case rests solely on the confessional statements of a co‑accused, with no material recovered from the petitioner’s possession. The petitioner contended that he was falsely implicated and that, apart from the confessional statements, there is no evidence against him. The State opposed bail, highlighting the petitioner’s antecedent of eleven criminal cases. After hearing both sides, the Court considered the lack of substantive evidence and the petitioner’s right to liberty, and ordered that bail be granted on a bond of Rs 10,000 with two sureties and conditions of regular attendance at the trial and weekly reporting to Tekari Police Station. The order emphasizes cooperation with the trial and compliance with the stipulated conditions.

Issues considered

Whether bail should be granted to the petitioner when the prosecution’s case is based only on a co‑accused’s confessional statement and the petitioner has multiple prior criminal cases.

Legislation cited

B.N.S. — s. 305, 331(4)

Subjects

bail
confessional statement
criminal antecedent
Section 331
Section 305
Bihar Negotiable Instruments Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86349 of 2025
                        Arising Out of PS. Case No.-52 Year-2025 Thana- Panchanpur District- Gaya
                 ======================================================
                 Suraj Paswan @ Sukhdeo Paswan, S/O Mahendra Paswan, R/O Vill - Utraudh
                 or Uthraudh,P.S- Chakand, Dist.- Gaya
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Panchanpur P.S. Case No. 52 of 2025 registered for the offence

                   punishable under Sections 331(4) and 305 of B.N.S.

                                3. The case of the prosecution, in short, is that unknown

                   miscreants have entered in the house of the informant and have

                   taken away cash of Rs. 1,63,000/- and jewelleries and also Rs.

                   2,75,000/- from the cash box.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He has been

                   remanded in this case from Tekari P.S. Case No. 141 of 2025 and

                   his name has surfaced in this case only on the basis of confessional

                   statement of co-accused Pankaj Kumar and his own confessional
             Patna High Court CR. MISC. No.86349 of 2025(3) dt.03-02-2026
                                                         2/2




                       statement. It has further been submitted that save and except the

                       confessional statement, there is nothing against him. No recovery

                       has been made from his possession. He is languishing in judicial

                       custody since 05.05.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of 11 cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned A.C.J.M.-VIII,

                       Gaya in connection with Panchanpur P.S. Case No. 52 of 2025

                       with the condition that petitioner shall cooperate in trial and

                       shall remain physically present on each and every date till the

                       conclusion of trial and as most of the antecedent of this

                       petitioner are from Tekari P.S., he is directed to mark his

                       attendance in Tekari P.S. weekly, failing which learned trial

                       Court may pass appropriate order.


                                                  (Ashok Kumar Pandey, J)

lata/-
U        T

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