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Patna High Court

Jangali Paswan @ SunilversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Jangali Paswan, was charged under Section 395 of the Indian Penal Code for alleged participation in a dacoity that took place on 1-2 October 2022, during which a large number of armed dacoits looted cash, ornaments and other valuables from an informant's house. The prosecution's case rests on the confessional statements of co‑accused Mukesh and Mithilesh, in which the petitioner’s name was mentioned, although no material was recovered from him. The petitioner has been in judicial custody since 16 October 2023 and argues that other co‑accused have already been granted bail and that no direct evidence links him to the loot. The State opposed bail, highlighting the petitioner’s criminal antecedent of eleven pending cases. After hearing both sides, the court granted regular bail with conditions of physical presence in the trial court, weekly attendance at the police station, and a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail in a dacoity case under Section 395 IPC despite the confessional statements of co‑accused and his prior criminal record.

Legislation cited

Subjects

  • bail
  • dacoity
  • Section 395 IPC
  • regular bail
  • confessional statement
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9530 of 2026
                        Arising Out of PS. Case No.-245 Year-2022 Thana- BELA District- Sitamarhi
                 ======================================================
                 Jangali Paswan @ Sunil S/o Hira Paswan R/o Tola Punarwas Nagar, Palika
                 Lal Bandi, 02 Ward No. 02, Thana- Lal Bnadi, District- Sarlahi (Nepal)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 395 of the

                   Indian Penal Code.

                                3. The case of the prosecution, in short, is that on 1-

                   2/10/2022 at about 12:05 A.M., 30-35 unidentified dacoits all

                   armed with various weapons forcibly entered in the house of the

                   informant by breaking the door. It is further stated that 15

                   dacoits entered in the house of the informant and looted cash

                   worth Rs.20,000/- and ornament worth Rs.20,000/- along with

                   mobile and other valuables. It is further alleged that miscreants

                   also looted golden and silver ornaments of family members and

                   they have also committed dacoity in near-by houses.
Patna High Court CR. MISC. No.9530 of 2026(2) dt.09-02-2026
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                       4. Learned counsel for the petitioner has submitted

          that the FIR was lodged against unknown miscreants. During

          course of investigation one Mukesh and Mithilesh have given

          their confessional statement and the name of this petitioner has

          surfaced in the confessional statement of Mukesh and Mithilesh.

          Learned counsel for the petitioner has further submitted that

          nothing has been recovered from the possession of this

          petitioner. Learned counsel for the petitioner has further

          submitted that similarly situated co-accused Mithilesh Mandal

          has been granted bail by the learned Co-ordinate Bench vide Cr.

          Misc. No. 62304 of 2025 and one other co-accused Hari Paswan

          has been granted bail by this Court vide Cr. Misc. No. 68281 of

          2025. Learned counsel for the petitioner has lastly submitted

          that the petitioner is in judicial custody since 16.10.2023.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer of bail to the petitioner and

          has submitted that the petitioner is having criminal antecedent

          of 11 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 remain physically present on each and every
            Patna High Court CR. MISC. No.9530 of 2026(2) dt.09-02-2026
                                                        3/3




                      date in the learned trial court and shall mark his attendance

                      weekly at Baigania P.S. The above named petitioner is directed

                      to be released on bail in connection with Sessions Trial No. 226

                      of 2024 arising out of Bela P.S. Case No. 245 of 2022 on

                      furnishing bail bond of Rs.10,000/- (Ten Thousand) each of

                      them with two sureties of the like amount each to the

                      satisfaction of learned Additional Sessions Judge-II, Sitamarhi.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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