Patna High Court

Birju PaswanversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted regular bail to the petitioner subject to a cash bond, two sureties and conditions of appearance.

Summary

Birju Paswan was arrested in connection with a theft case (Section 379 IPC) registered as Baheri P.S. Case No. 231 of 2021. He had been in custody since 2 August 2024 and possessed eight prior criminal antecedents. An earlier bail application was rejected, but the court permitted a renewal of the prayer after the charges were framed on 17 October 2025. The petitioner again sought regular bail while the State opposed the relief. Considering the prolonged pre‑trial detention, the framing of charges and the liberty to grant bail, the court ordered his release on bail with a bond of Rs 15,000 and two sureties, subject to the conditions that one bailor be a close family member and that the petitioner appear on every trial date, with cancellation possible on two consecutive defaults.

Issues considered

Whether regular bail can be granted to an accused under Section 379 IPC who has multiple criminal antecedents and has been in custody for an extended period
Whether the conditions imposed satisfy the statutory requirements for bail under the Criminal Procedure Code

Legislation cited

Indian Penal Code — s. 379

Subjects

bail
Section 379 IPC
theft
criminal antecedent
pre‑trial detention
high court
sureties
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86958 of 2025
                      Arising Out of PS. Case No.-231 Year-2021 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Birju Paswan Son of Bhatu Paswan Resident of Village - Chakmahuli, Police
                 Station - Rosera, District - Samastipur.


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                    ORAL ORDER

2   13-01-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2.     The petitioner seeks bail in connection with Baheri

                   P.S. Case No. 231 of 2021 instituted for the offence under

                   Sections 379 of the Indian Penal Code.

                             3. Earlier vide order dated 04.03.2025 passed in Cr.

                   Misc. No. 82772 of 2024, regular bail of the petitioner was

                   rejected by a coordinate Bench of this Court considering the

                   criminal antecedent of the petitioner, however, liberty was

                   granted to the petitioner to renew his prayer for bail after

                   framing of charges.
Patna High Court CR. MISC. No.86958 of 2025(2) dt.13-01-2026
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                   4. Learned counsel for the petitioner submits that the

          present one is the second attempt for grant of regular bail to the

          petitioner in the light of the liberty granted to the petitioner to

          renew his prayer for bail after framing of charge. Learned

          counsel further submitted that charge against the petitioner has

          been framed on 17.10.2025. It has been submitted on behalf of

          the petitioner that the petitioner is in custody since 02.08.2024

          and has eight criminal antecedents.

                   5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                   6. Considering the aforesaid facts and circumstances of

          the case as also the period of custody of the petitioner, this

          Court is inclined to grant bail to the petitioner.

                   7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Baheri P.S. Case No.

          231 of 2021, subject to the following conditions:

                   (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                   (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.86958 of 2025(2) dt.13-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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