Uday Paswan @ Udai Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59474 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== Uday Paswan @ Udai Paswan S/O Rajendra Paswan R/O Village- Mahuwari, P.S - Akorigola, District- Rohtas at Sasaram. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP For the Informant :
Mr. Vikalp, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Akorigola P.S. Case No. 30 of 2025, instituted for the offences punishable under Sections 137(2), 140(2), 140(1), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant's son got kidnapped from his house while the Saraswati Puja procession was passing through his house. It is further alleged that the informant's son and daughter of Anil Paswan were having love affair. When the Informant enquired about his son from Anil Paswan then he was threatened with
Patna High Court CR. MISC. No.59474 of 2025(3) dt.30-01-2026 2/3 dire consequences with regard to his son by the FIR named accused persons. It is further alleged that, later on, the dead body of the deceased was recovered by the police.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submitted that there is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner is not named in the FIR and his name has surfaced in this case in course of investigation on the basis of confessional statement of the co-accused J.K. @ Chandan Paswan recorded before the police which has got no evidentiary value in the eye of law. The petitioner happens to be the relative of co-accused Anil Paswan whose daughter was having love affair with the deceased and, only due to this reason, the petitioner has been implicated in the present case.
The petitioner is in custody since 17.02.2025 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submitted that other co-accused have been granted regular bail by this Court vide order dated 01.09.2025 passed in Cr. Misc. No. 28188 of 2025.
Patna High Court CR. MISC. No.59474 of 2025(3) dt.30-01-2026 3/3
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is next submitted that the witnesses have supported the prosecution case in paragraph nos. 4, 12 and 13 of the case diary. On perusal of paragraph no. 57 of the case diary, it transpires that co-accused J.K. @ Chandan Paswan has confessed the name of the petitioner and has levelled specific allegation against him of killing the deceased. Hence, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to expedite the Trial.
(Rudra Prakash Mishra, J) Rajorshi/- U T