Patna High Court
Prakash Kumar Paswan @ Prakash Kumar @ Prakash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Regular bail was granted to the petitioner.
Summary
The petitioner, Prakash Kumar Paswan, was arrested in connection with a murder case (FIR No.419/2025) where his husband, the informant, was shot dead. He was charged under sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act, but his name does not appear in the FIR; the accusation rests solely on a co‑accused’s confessional statement. The petitioner’s counsel argued that there is no direct or indirect evidence linking him to the crime. The State contended that investigation showed the petitioner was present at the scene conducting a recce. The court, considering the nature of the accusation and the length of custody, granted regular bail on a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether regular bail can be granted when the sole basis of accusation is a confessional statement of a co‑accused and no other evidence links the petitioner to the offence.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- bail
- confessional statement
- murder
- Arms Act
- evidence
- recce
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90096 of 2025
Arising Out of PS. Case No.-419 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Prakash Kumar Paswan @ Prakash Kumar @ Prakash Paswan S/o
Shivchandar Paswan @ Shivchandra Paswan R/o vill - Chak Alisher @
Bashuchak @ Vasuchak @ Basu Chak, P.S.- Saraiya, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Mr. Mukund Kumar, Adv
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
For the Informant : Mr. Abhay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 103(1) and 61(2) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R. husband of the informant was shot
dead by some unknown miscreants.
4. Learned counsel appearing for the petitioner
submits that petitioner is not named in the F.I.R. and he has been
made accused in this merely on the basis of confessional
statement of co-accused. Save and except confessional
statement, there is no other direct or indirect evidence against
the petitioner to show his participation in the occurrence.
Patna High Court CR. MISC. No.90096 of 2025(2) dt.12-02-2026
2/2
Petitioner is in custody since 19.5.2025.
5. Learned counsel for the State and the informant
opposed the prayer for bail and submitted that during
investigation it was revealed that this petitioner along with
others were seen at the place of occurrence doing recce.
6. Considering the nature of accusation and period of
custody of the petitioner, his prayer for regular bail is allowed.
Let the petitioner, mentioned above, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Muzaffarpur in Muzaffarpur Sadar Police
Station Case No. 419 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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