Patna High Court
Jitendra Prasad @ Jitendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Piyush Paswan, applied for bail in a murder case (Magadh University PS Case No.142 of 2024) where the FIR named three unknown assailants and the petitioner was not originally listed. His name surfaced only through a confessional statement of a co-accused, and no physical evidence links him to the crime. The investigation is complete and a charge‑sheet has been filed, indicating no risk of tampering with evidence. The court noted that the petitioner is already on bail in another criminal matter, which does not preclude bail here. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner in the murder case given the lack of incriminating material and the completion of investigation.
- Whether the petitioner’s involvement in another criminal case, where he is already on bail, affects the grant of bail in the present case.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- murder
- confessional statement
- investigation completed
- Bhartiya Nyaya Sanhita
- Arms Act
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80893 of 2025
Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Piyush Paswan @ Karu S/o Rambachan Paswan @ Bacchan Paswan @
Bachan Paswan @ Achan Paswan R/o Village - Kamaldah, P.S - Paraiya,
District – Gaya. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89516 of 2025
In
CRIMINAL MISCELLANEOUS No.34723 of 2025
Arising Out of PS. Case No.-142 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Jitendra Prasad @ Jitendra Paswan Son of Sudama Paswan @ Sudama Prasad
R/o village -Kamalpur P S- Chakand District -Gaya. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 80893 of 2025)
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
(In CRIMINAL MISCELLANEOUS No. 89516 of 2025)
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Cr. Misc. No. 80893 of 2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with
Magadh University P.S. Case No.142 of 2024 registered for the
offences punishable under Sections 103 (1), 3(5), 61 of the
Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’) and Section 27
of the Arms Act.
3. The accused/petitioner is not named in the FIR and
Patna High Court CR. MISC. No.80893 of 2025(2) dt.06-02-2026
2/3
is in custody since 17.07.2025.
4. As per FIR, the son of the informant was murdered
by three unknown co-accused persons by gun shot injury.
5. It is submitted by learned counsel appearing for the
petitioner that the name of this petitioner transpired during the
course of investigation out of confessional statement of
apprehended co-accused person, namely, Ram Bachan Paswan, in
furtherance of which, no incriminating material recovered/surfaced
as to connect the petitioner prima facie with present occurrence of
murder. It is pointed out that petitioner was not put on T.I.P. as
yet. While concluding argument, it is submitted that investigation
of this case is already completed, for which, charge-sheet has been
submitted and, as such, there is no chance of tampering with the
evidence and, moreover, the petitioner found involved in one more
criminal case, where he is on bail.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as prima facie save and except suspicion arising
out of confessional statement of apprehended co-accused person,
nothing incriminating appears as to connect the petitioner with
present occurrence of murder, coupled with the fact that
investigation of this case is already completed, where petitioner
Patna High Court CR. MISC. No.80893 of 2025(2) dt.06-02-2026
3/3
remains in custody since 17.07.2025, accordingly, the petitioner,
above-named, is directed to be released on bail furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District and
Additional Sessions Judge-XIX, Gaya Ji, in connection with Magadh
University P.S. Case No.142 of 2024 subject to the conditions as
laid down under Section 437(3) of the Code of Criminal Procedure
(for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
Cr. Misc. No. 89516 of 2025
1. In view of statement made on affidavit through
present modification petition that petitioner was found involved in
one more criminal case, where he is on bail, the para-8 of the Cr.
Misc. No. 34723 of 2025 dated 10.10.2025 be ignored by the
learned trial court.
2. This order as passed in present modification petition
be treated as part of order dated 10.10.2025 passed in Cr. Misc.
No. 34723 of 2025.
(Chandra Shekhar Jha, J)
veena/-
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