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Patna High Court

Subai Paswan @ Suabi PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner.

Summary

Subai Paswan was arrested in connection with a robbery alleged under Section 309(4) of the Bihar Negotiable Instruments Act. The prosecution’s case is based primarily on the confessional statement of co‑accused Pankaj Kumar, as the petitioner’s name does not appear in the FIR. The petitioner argued that there is no material linking him to the crime, no incriminating articles have been seized, and the charge‑sheet has already been filed, removing any risk of evidence tampering. The State opposed bail, contending that the confession implicates the petitioner and that he cannot escape liability. After considering the circumstances, the court granted bail on a bond of Rs. 25,000 with two sureties and imposed conditions regarding surety, cooperation with trial, non‑tampering, and regular reporting. The bail order was pronounced by Justice Alok Kumar Pandey.

Issues considered

  • Whether bail can be granted when the accused is implicated solely through a co‑accused’s confessional statement and is not named in the FIR.
  • Whether the filing of the charge‑sheet and the absence of any risk of evidence tampering justify the grant of bail.

Legislation cited

Subjects

  • bail
  • robbery
  • confessional statement
  • co‑accused
  • charge sheet
  • Section 309
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88190 of 2025
                    Arising Out of PS. Case No.-60 Year-2025 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
                 Subai Paswan @ Suabi Paswan S/O Baudhu Paswan R/O Vill.- Dariyapur,
                 P.S- Belaganj, Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr. Mithlesh Kumar Khare, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                    2. The petitioner seeks bail in connection with

                   Magadh Medical P.S. Case No. 60 of 2025 registered for the

                   offences punishable under Section 309(4) of the BNS.

                                    3. As per prosecution case, informant closed

                   showroom and went home and guard Birendra Singh informed

                   the informant that the criminal took the night guard Rajesh

                   Kumar as a hostage and took away Rs. 1 lakh. It is alleged that

                   the guard informed the owner of the said showroom. Guard

                   Rajesh Kumar disclosed that when he came out of the guard

                   room at 12 midnight to answer the nature’s call, four criminals

                   who were already in ambush, apprehended him and tied him to a
Patna High Court CR. MISC. No.88190 of 2025(2) dt.12-01-2026
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          chair, covered his face with a cloth and looted the money. It is

          alleged that all the miscreants armed with pistols, knife and rod

          and entered into the chamber of owner of showroom and took

          away Rs. 9,500/- and Rs. 1,00,000/- from the drawer of owner

          of showroom.

                          4. Learned counsel for the petitioner submits that

          petitioner is not named in FIR. The name of the petitioner has

          been transpired in this case upon the confessional statement of

          co-accused Pankaj Kumar. Except confessional statement of co-

          accused, there is nothing on record to demonstrate the

          complicity of the present petitioner with the alleged occurrence.

          Learned counsel orally submitted that no TIP has been

          conducted up till now. No incriminating article has been

          recovered either from the conscious possession or from the

          house of the petitioner. Petitioner is in custody since

          02.08.2025, as mentioned in impugned order and petitioner

          bears criminal antecedent of four cases in which he is on bail.

          Charge sheet has been submitted in the case and there is no

          likelihood of tampering with the prosecution evidence.

                          5. The learned A.P.P. for the State opposes the

          prayer for bail of the petitioner by submitting that the name of

          the present petitioner has been transpired in this case upon the
Patna High Court CR. MISC. No.88190 of 2025(2) dt.12-01-2026
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          confessional statement of co-accused Pankaj Kumar and he

          cannot escape from the allegation made in FIR. Hence,

          petitioner does not deserve bail.

                          6. Considering the facts and circumstances of the

          case, period of custody, charge sheet has been submitted in the

          case and there is no likelihood of tampering with the

          prosecution evidence, argument advanced on behalf of both

          sides and also taking into consideration the material available on

          record, let the petitioner above named be released on bail on

          furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned A.C.J.M.-V, Gaya in connection with

          Magadh Medical P.S. Case No. 60 of 2025, subject to following

          conditions:-

                          (i) One of the bailors shall be either father or

          mother or sister or brother or wife or the person who has sworn

          the affidavit in bail application.

                          (ii) Petitioner will co-operate in trial and will

          remain present on all dates and absence for two consecutive

          dates without appropriate permission, would be a ground for

          cancellation of bail by the learned Trial court itself.

                          (iii) If the petitioner tampers with the evidence or
             Patna High Court CR. MISC. No.88190 of 2025(2) dt.12-01-2026
                                                         4/4




                       the witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                       (iv) Petitioner shall furnish mobile number at the

                       time of furnishing bail bond and the said mobile number shall

                       continue in operating condition till disposal of the case and he

                       shall get his presence marked before the officer-in-charge of the

                       concerned police station on the first Tuesday of every month.



                                               (Alok Kumar Pandey, J)
alok/-

U        T


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