Bihari Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21314 of 2026 Arising Out of PS. Case No.-169 Year-2023 Thana- MANSI District- Khagaria ====================================================== Bihari Paswan Son of Pramod Paswan Resident of Village- Maheshkhunt, English Tola, Ward No. 4, P.S.- Maheshkunt, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-04-2026 Heard Mr.Ranjeet Kumar Singh, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 27.06.2023 in connection with Mansi P.S. Case No.169 of 2023, G.R.No.1946 of 2023, F.I.R. dated 15.06.2023 registered for the offence punishable under Section 394 and later on added 411 IPC.
3. The FIR of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the selfconfessional statement of the petitioner which was recorded in
Patna High Court CR. MISC. No.21314 of 2026(2) dt.01-04-2026 2/3 paragraph-22 of the case diary. Learned counsel for the petitioner submits that except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence, nothing has been recovered from conscious possession or the house of the petitioner, till date no TIP has been conducted by the prosecution, the police, after investigation submitted the chargesheet against the petitioner and the petitioner is in custody since 27.06.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries ten more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation and till date no TIP has been conducted by the prosecution, let the petitioner, above named, 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 Judicial Magistrate-1st Class, Khagaria in connection with Mansi P.S. Case No.169 of 2023, G.R.No.1946 of 2023,
Patna High Court CR. MISC. No.21314 of 2026(2) dt.01-04-2026 3/3 with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T