Indal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2638 of 2026 Arising Out of PS. Case No.-31 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Indal Paswan S/O Late Kari Paswan R/O Village- Belmohan, P.S- Phulparas, Distt- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2026 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 sections 395 and 120B of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.

3. The case of the prosecution, in short, is that the informant was sleeping in his house along with his wife, in the meantime, some miscreants entered into the premises and looted cash, gold, silver jewellery, a cheque book and other articles. It is alleged that miscreants altogether looted a sum of Rs. 2,65,000/- in cash along with the aforesaid jewellery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.2638 of 2026(2) dt.06-02-2026 2/3 connection with the present case. It is further submitted that the FIR has been lodged against unknown miscreants. It is further submitted that the petitioner was apprehended in Laukahi P.S. Case No. 260 of 2022 and in that case, he has given his confessional statement. It is further submitted that nothing has been recovered from his conscious possession. It is further submitted that he has been framed in this case only on the basis of his criminal antecedents. It is also submitted that the petitioner has not been put on Test Identification Parade (TIP). Learned counsel has further submitted that similarly situated other co-accused person has already been granted bail by this Court vide Cr. Misc. No. 62936 of 2025. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 11.02.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of twelve cases.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajauli P.S. Case No. 31 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.2638 of 2026(2) dt.06-02-2026 3/3 sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani with following conditions:- (i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

(ii) Petitioner is also directed to mark his weekly attendance at Laukahi P.S.

(Ashok Kumar Pandey, J) Shubham/- U T