Patna High Court
Chandan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Chandan Paswan, was arrested in connection with the murder of an informant's husband, alleged under Sections 103, 61(2) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The prosecution’s case relied solely on the confessional statements of co‑accused Mogal Mukhiya and Nisha Barnwal, with no mention of the petitioner in the FIR or any other material linking him to the offence. The petitioner argued that he is innocent and highlighted that a co‑accused, Mukendra Kumar, had already been granted bail in a similar circumstance. The State opposed the bail application, contending that the charges were serious. Considering the lack of direct evidence, the parity with the previously bailed co‑accused, and the length of custody since 22‑03‑2025, the Court allowed the bail petition, directing release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in the absence of any material linking him to the offence.
- Whether the petitioner is entitled to parity with a co‑accused who has already been released on bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103, 3(5), 61(2)
Subjects
- bail
- murder
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- parity
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91262 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Chandan Paswan S/O Vinod Paswan @ Binod Paswan Resident of Village-
Chuhari Bazar, P.S.- Chanptiya, District- West Champaran, At Present
Resident of Village- Basantpur Ward No. 02, P.S.- Sathi, District- West
Champaran, Bettiah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bijay Prakash Singh, Advocate
For the State : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103, 61(2) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, husband of the informant
was shot dead by four unknown persons.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner is not named in the F.I.R.. Name of petitioner
Patna High Court CR. MISC. No.91262 of 2025(2) dt.13-02-2026
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transpired in this case during course of investigation, only on
the basis of confessional statement of co-accused Mogal
Mukhiya and Nisha Barnwal. Save and except confessional
statement, there is no other material on record to show the
complicity of this petitioner in the alleged offence. It is further
submitted that co-accused Mukendra Kumar, having similar and
identical allegations, has already been grnted bail by this
Hon’ble Court vide order dated 20.11.2025 passed in Cr. Misc.
No. 56043 of 2025. Moreover, charge-sheet has already been
submitted and petitioner is in custody since 22.03.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, claim based on parity and period of custody, the prayer for
grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-VIth,
West Champaran, Bettiah in connection with Shikarpur P.S.
Patna High Court CR. MISC. No.91262 of 2025(2) dt.13-02-2026
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Case No. 207 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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