Patna High Court
Bisheswar Paswan @ Visheshar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to regular bail as the circumstances do not warrant continued detention.
Summary
The petitioner, Bisheswar Paswan, was arrested in connection with the alleged theft of a motorcycle and a Bolero, offences punishable under sections 414 and 34 of the Indian Penal Code. The prosecution alleged that the stolen vehicles were recovered from the petitioner’s residence, and he had been in custody since 31 July 2025. The petitioner pleaded innocence and sought regular bail, contending he had no involvement in the alleged crime. The State opposed the bail application, arguing the recovery of the vehicles from his house indicated culpability. After considering the facts and the period of detention, the Court allowed regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Additional Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged theft under sections 414 and 34 IPC and the recovery of the stolen vehicles from his house.
Legislation cited
- Indian Penal Code — s. 34, 414
Subjects
- bail
- regular bail
- theft
- IPC sections 414
- IPC section 34
- common intention
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86501 of 2025
Arising Out of PS. Case No.-41 Year-2020 Thana- BARACHATTI District- Gaya
======================================================
Bisheswar Paswan @ Visheshar Paswan S/o Late Ramdev Paswan Resident
of Village- Gorail Tola, Police Station- Mohanpur, District- Gaya Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar , Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 414 and 34 of IPC .
3 . As per the prosecution case , this petitioner along
with other co-accused persons are alleged to have stolen the
motorcycle and Bolero in question . The alleged stolen vehicles
have been recovered from house of this petitioner.
4. Learned counsel appearing for the petitioner
submits that petitioner is innocent and has committed no
offence as alleged. Petitioner has got no concern with the
alleged occurrence . Petitioner is in custody since 31.07.2025 .
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the aforesaid facts and period of
Patna High Court CR. MISC. No.86501 of 2025(2) dt.27-01-2026
2/2
custody of the petitioner, his prayer for regular bail is allowed.
Let the petitioner, mentioned above, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Additional
Chief Judicial Magistrate – 11 Sherghaty ( Gaya) in Barchatty
Police Station Case No. 41 of 2020.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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