Patna High Court

Amar PaswanversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

Amar Paswan was arrested in connection with a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita. He applied for regular bail, contending that the FIR was lodged against unknown persons and that he was made an accused solely on the basis of a co‑accused's statement and a photographic identification that allegedly violated the Evidence Act. He also pointed out that no incriminating material was recovered from his possession or residence, and that a co‑accused, Md. Akhtar, had already been granted bail. The State opposed the bail. Considering the petitioner’s young age, the length of his custody, the procedural lapses, the bail granted to the co‑accused, and the completion of investigation, the Court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties.

Issues considered

Whether bail should be granted in a case under Section 309(4) of the Bharatiya Nyaya Sanhita.
Whether the reliance on a co‑accused’s statement and photographic identification, alleged to be improper under the Evidence Act, justifies continued detention.
Whether the absence of recovered incriminating articles and the bail granted to a co‑accused affect the bail decision.

Legislation cited

Bharatiya Nyaya Sanhita — s. 309(4)
Indian Evidence Act, 1872

Subjects

bail
criminal procedure
evidence
identification
co‑accused statement
Section 309
Bharatiya Nyaya Sanhita
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86855 of 2025
                      Arising Out of PS. Case No.-415 Year-2025 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Amar Paswan S/O Vijay Paswan R/O Mohalla- M.I.T. Gate, Kolhua, P.S-
                 Brahampura, Distt.- Muzaffarpur.


                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hari Kishore Thakur, Advocate
                 For the State            :        Mr. Binod Kumar No.3, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                   Heard Mr. Hari Kishore Thakur, learned counsel for

                   the Petitioner and Mr. Binod Kumar No.3, learned APP for the

                   State.

                                  2. Petitioner seeks regular bail in connection with

                   Kanti P.S. Case No. 415 of 2025 dated 18.08.2025 registered for

                   the offence punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner has been languishing in jail since

                   07.09.2025, the FIR has been registered against unknown

                   persons, and during the course of investigation, the petitioner

                   has been made an accused mainly on the basis of the statement

                   of co-accused Kishun Kumar @ Krishna Kumar @ Krishn
Patna High Court CR. MISC. No.86855 of 2025(2) dt.09-01-2026
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          Kumar recorded before the police, which has no evidentiary

          value, and it is further submitted that when the photograph of

          the petitioner was shown to the informant, he identified the

          petitioner but it is not proper procedure as per the Evidence Act.

          It is also submitted that one co-accused, namely Md. Akhtar,

          carrying almost a similar nature of allegation, has been granted

          bail by the learned co-ordinate Bench of this Court vide order

          dated 05.01.2026 passed in Cr. Misc. No. 84756 of 2025. It is

          lastly submitted that after the petitioner was taken into custody,

          the police failed to recover any incriminating articles from the

          possession or from the house of the petitioner

                       4. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       5. Considering the aforesaid submissions and the

          averments made in this application, coupled with the petitioner’s

          young age, his period of custody and the relief of bail having

          been granted to the above-mentioned co-accused by the co-

          ordinate Bench of this Court as well as              the completion of

          investigation against the petitioner, this Court is inclined to

          release him on bail. Accordingly, let the petitioner named-above

          be released on bail on furnishing bail bond of Rs. 20,000/-

          (Rupees Twenty Thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.86855 of 2025(2) dt.09-01-2026
                                                       3/3




                     each to the satisfaction of the concerned Court in connection

                     with Kanti P.S. Case No. 415 of 2025.



                                               (Shailendra Singh, J)

maynaz/-

U     T

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