Patna High Court
Akhilesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to Akhilesh Paswan and Rakesh Paswan but granted bail to Shivnath Kumar.
Summary
The petitioners Akhilesh Paswan, Shivnath Kumar and Rakesh Paswan applied for regular bail in a case registered under sections 127(2), 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that they were falsely implicated in the alleged seizure of Rs 30 lakh by police. The prosecution alleged that the informant was carrying the money in a plastic bag and that police seized it, while the petitioners contended that no incriminating article was recovered from their possession and they had not been produced on the TI parade despite prolonged custody. The court noted that Rs 3.5 lakh and Rs 3.25 lakh were recovered from the houses of Rakesh Paswan and Akhilesh Paswan respectively, and therefore declined to grant bail to them, allowing them to renew the application after six months or after framing of charge. In contrast, the court observed that no material had been recovered from Shivnath Kumar, he had not been produced on the TI parade for eight months, and a charge‑sheet had already been filed; consequently, bail was granted to him on a bond of Rs 10,000 with two sureties. The order thus differentiated bail decisions based on the specific evidentiary circumstances of each petitioner.
Issues considered
- What is the appropriate exercise of judicial discretion in granting or refusing regular bail to the petitioners under sections 127(2), 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023?
- Does the absence of an incriminating article and non‑production on the TI parade justify bail for the accused?
- Does the recovery of money from the co‑accused' premises affect the bail application of the other petitioners?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 127(2), 308(5), 3(5)
Subjects
- regular bail
- false implication
- Bharatiya Nyaya Sanhita
- section 127
- section 308
- section 3
- TI parade
- recovery of money
- judicial discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88435 of 2025
Arising Out of PS. Case No.-434 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Akhilesh Paswan Son of Late Prabhu Paswan R/O Vill.- Gulariya Bigha, P.S.-
Chandi, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73588 of 2025
Arising Out of PS. Case No.-434 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Shivnath Kumar Son of Late Mohan Ray Resident of Village- Mohanpur, PS-
Raghopur, District- Vaishali, at present Driver of Dial 112, Harnaut Police
Station, Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 12394 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Rakesh Paswan S/O Late Tatar Paswan R/O Village- Murgiyachak, PS- Wena,
District-Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88435 of 2025)
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
(In CRIMINAL MISCELLANEOUS No. 73588 of 2025)
For the Petitioner/s : Mr. P.N.Shahi, Sr. Advocate
Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 12394 of 2026)
For the Petitioner/s : Mr. Shashank Chouhan, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
Patna High Court CR. MISC. No.88435 of 2025(4) dt.01-04-2026
2/4
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Rahui P.S. Case no.434
of 2025 registered under sections 127(2), 308(5) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that on going from his house in his vehicle, he was carrying a
large amount of money (approx Rs.30 lacs) for entering into a
transaction with respect to an immovable property. It is further
stated that the amount was kept in a plastic bag on the back seat.
At this time, some police personnel in a police vehicle reached
there and forced the informant to sit in the back of the vehicle
and thereafter he was sent in an auto. The amount was taken
away by them.
4. Learned Senior counsel appearing for the petitioner
Shivnath Kumar submits that the petitioner, who is a retired
Army Personnel and at present working on contract as a driver
with the police authorities, has been falsely implicated in the
case. No incriminating article has been recovered from his
possession and he has not been put on T.I. parade inspite of
being in custody since 24.7.2025. He has no criminal
Patna High Court CR. MISC. No.88435 of 2025(4) dt.01-04-2026
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antecedent.
5. Learned counsel appearing for the petitioner Rakesh
Paswan submits that the petitioner has been falsely implicated in
the case. The allegation of recovery of amount from the
petitioner is incorrect. No incriminating article has been
recovered from his possession. The cause of his false
implication is his antecedents. Inspite of being in custody since
22.7.2025, he has not been put on T.I. parade and chargesheet
has been submitted in the case.
6. Learned counsel appearing for the petitioner Akhilesh
Paswan submits that no incriminating article has been recovered
from the petitioner’s possession. The allegedly recovered
amount has not been put on T.I. parade. Co-accused Shabnam
Kumari has been enlarged on bail. The petitioner is in custody
since 24.7.2025 and has no criminal antecedent.
7. The application for bail is opposed by learned A.P.P.
for the State.
8. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR, the material that has transpired in course of
investigation, recovery of Rs.3.5 lacs and Rs.3.25 lacs from the
possession/house of the petitioners Rakesh Paswan and
Patna High Court CR. MISC. No.88435 of 2025(4) dt.01-04-2026
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Akhilesh Paswan, the Court is not inclined to enlarge the two
petitioners on bail and the application is rejected.
9. Liberty is granted to the two petitioners to renew
their prayer for bail after six months or on framing of charge
whichever is later.
10. Taking into consideration the facts and
circumstances of the case, no incriminating article having been
recovered from the possession of the petitioner Shivnath Kumar,
his not having been put on T.I. parade inspite of being in
custody for 8 months since 24.7.2025 and chargesheet having
been submitted in the case, the Court directs the petitioner
Shivnath Kumar to be enlarged on bail in connection with Rahui
P.S. Case no.434 of 2025 on furnishing bail bond of Rs.10,000/
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Nalanda, Biharsharif.
(Partha Sarthy, J)
Saurabh/-
U T
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