Patna High Court

Kailu Paswan @ Manoj PaswanversusThe State of Bihar

Decided: 29 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with conditions of regular police attendance and trial cooperation.

Summary

Petitioner Kailu Paswan was arrested in connection with a theft case (Section 394 IPC) where unknown assailants allegedly stole Rs. 53,000 from an informant. The petitioner claimed innocence, stating the FIR named unknown miscreants and that no material was recovered from him, though he had given a confessional statement during investigation. The State opposed bail, highlighting the petitioner’s alleged 25 prior criminal cases. The court, after hearing both sides, considered the lack of direct evidence against the petitioner and his willingness to cooperate, and ordered bail with conditions of regular attendance at the police station and trial dates. Bail was granted upon furnishing a Rs. 10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 394 IPC given the alleged criminal antecedents
Whether the petitioner poses a risk of absconding or tampering with evidence

Legislation cited

Indian Penal Code — s. 394

Subjects

bail
Section 394 IPC
theft
criminal antecedents
judicial custody
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91902 of 2025
                       Arising Out of PS. Case No.-456 Year-2021 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Kailu Paswan @ Manoj Paswan S/o- Jamuna Paswan Village- Pindra Kala
                 P.S- Hunterganj District- Chatra Jharkhand

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-01-2026                  Heard Mr. Paras Nath, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Sherghati (Dobhi) P.S. Case No. 456 of 2021 registered for

                   the offence punishable under Section 394 of the Indian Penal

                   Code.

                                3. The case of the prosecution in short is that

                   unknown miscreants followed the bike of the informant, due to

                   which he fell down. The miscreants assaulted the informant and

                   took away the bag and key of the bike. The bag contained

                   altogether Rs. 53,000/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.91902 of 2025(2) dt.29-01-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the FIR

          was lodged against unknown miscreants. During the course of

          investigation, the petitioner was remanded from Hunterganj P.S.

          Case No. 52 of 2022, and thereafter he has given his

          confessional statement. He also submits that nothing has been

          recovered from the possession of the petitioner. The petitioner

          has been framed in this case due to his antecedents. He further

          submits that the petitioner is languishing in judicial custody

          since 10.01.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of 25 cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall cooperate in the           trial and will

          remain physically present on each and every date fixed in

          the learned trial court, till the conclusion of the case, as most

          of the cases against the petitioner are of Sherghati P.S. The

          petitioner will mark his attendance weekly at the said P.S.

          The above named petitioner is directed to be enlarged on
           Patna High Court CR. MISC. No.91902 of 2025(2) dt.29-01-2026
                                                       3/3




                     bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

                     only) with two sureties of the like amount each to the

                     satisfaction of the learned Chief Judicial Magistrate, Sherghati,

                     Gaya in connection with Sherghati (Dobhi) P.S. Case No. 456 of

                     2021.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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