Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68672 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- LAKHNAUR District- Madhubani ====================================================== Chandan Paswan, Male, aged about 19 years, Son of Gauri Paswan @ Gaudi Paswan, Resident of Village- Kachhua, P.S.- Lakhnaur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-02-2026 Heard Ms. Nitu Kumari, learned counsel appearing on behalf of the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Lakhnaur P.S. Case No. 31 of 2025, registered for the offence punishable under Sections 331(4), 305, 310(2) and 311 of the BNS.

3. As per the allegation made in the FIR, some unknown miscreants had committed dacoity of jewellery and cash from house of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in

Patna High Court CR. MISC. No.68672 of 2025(3) dt.23-02-2026 2/3 the FIR. Name of the petitioner has surfaced on the basis of confessional statement made by co-accused Ganesh Yadav, which has no evidentiary value in the eye of law. Family members of the petitioner are in inimical terms with the said coaccused Ganesh Yadav and, as such, he has roped the petitioner in a criminal case. Petitioner is aged about 19 years and he is student. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail, however, he submitted that from page no. 18 of the case diary it appears that recovery of stolen articles has been made from co-accused Isha Nadal.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that petitioner is not named in the FIR. Name of the petitioner has surfaced on the basis of confessional statement made by co-accused Ganesh Yadav, which has no evidentiary value in the eye of law and in course of investigation, recovery of stolen articles has been made from co-accused Isha Nadal as would appear from paragraph no. 18 of the case diary. I am of the opinion that petitioner, who has just emerged as an adult and is a student, in absence of any material against him has, prima facie, made out a case to be

Patna High Court CR. MISC. No.68672 of 2025(3) dt.23-02-2026 3/3 released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Lakhnaur P.S. Case No. 31 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T