Prakash Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18883 of 2026 Arising Out of PS. Case No.-112 Year-2014 Thana- PARAIYA District- Gaya ====================================================== Prakash Paswan S/o Late Rajendra Paswan R/o Village- Kamaldah, P.SParaiya, Dist- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard the parties.
2. The petitioner is in custody in connection with Paraiya P.S. Case No. 112 of 2014 for the offence punishable under Sections 395 an 364 (A) of the Indian Penal Code lodged on 26.10.2014 by the informant, Ram Swarup Prasad.
3. As per the prosecution story, the informant alleged that two persons entered the house and on the point of pistol took away gold/silver ornaments besides Rs. 10,00,000/- (Ten lakhs) before leaving, they also took away their son, Saurabh. This led to the FIR.
4. Learned counsel for the petitioner submits that the boy has subsequently returned, he has no role to play, was in jail in connection with Konch P.S. Case No. 195 of 2018, but never ever taken on remand. Only after, he was granted bail in the said
Patna High Court CR. MISC. No.18883 of 2026(3) dt.13-05-2026 2/3 case, he stands arrested and is in jail since 30.06.2025.
5. The submission is that though name has cropped up. Nothing has been exhibited against him and the last submission is that similar situate others have been granted bail by coordinate benches in the case of Amrendra Kumar (Cr. Misc. No. 68114 of 2025), Dhamendra Paswan (Cr. Misc. No. 68887 of 2025).
6. Learned APP opposes the prayer for bail submitting that his name cropped up in the year 2014 itself.
7. Considering the aforesaid facts including his period of custody, has no criminal antecedent, similar situate have been granted relief as stated above, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned District and Additional Sessions Judge- XIX, Gaya ji, in connection with Sessions Trial No. 1096 of 2025 arising out of Paraiya P.S. Case No. 112 of 2014 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.18883 of 2026(3) dt.13-05-2026 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/S. Prasad U T