Patna High Court
Subai Paswan @ Suabi PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 309(4)
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
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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
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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
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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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