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Patna High Court

Chandan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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