Amar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86855 of 2025 Arising Out of PS. Case No.-415 Year-2025 Thana- KANTI District- Muzaffarpur ====================================================== Amar Paswan S/O Vijay Paswan R/O Mohalla- M.I.T. Gate, Kolhua, P.SBrahampura, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate For the State :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026 Heard Mr. Hari Kishore Thakur, learned counsel for the Petitioner and Mr. Binod Kumar No.3, learned APP for the State.
2. Petitioner seeks regular bail in connection with Kanti P.S. Case No. 415 of 2025 dated 18.08.2025 registered for the offence punishable under Section 309(4) of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by the petitioner's counsel are that the petitioner has been languishing in jail since 07.09.2025, the FIR has been registered against unknown persons, and during the course of investigation, the petitioner has been made an accused mainly on the basis of the statement of co-accused Kishun Kumar @ Krishna Kumar @ Krishn
Patna High Court CR. MISC. No.86855 of 2025(2) dt.09-01-2026 2/3 Kumar recorded before the police, which has no evidentiary value, and it is further submitted that when the photograph of the petitioner was shown to the informant, he identified the petitioner but it is not proper procedure as per the Evidence Act. It is also submitted that one co-accused, namely Md. Akhtar, carrying almost a similar nature of allegation, has been granted bail by the learned co-ordinate Bench of this Court vide order dated 05.01.2026 passed in Cr. Misc. No. 84756 of 2025. It is lastly submitted that after the petitioner was taken into custody, the police failed to recover any incriminating articles from the possession or from the house of the petitioner
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the aforesaid submissions and the averments made in this application, coupled with the petitioner's young age, his period of custody and the relief of bail having been granted to the above-mentioned co-accused by the coordinate Bench of this Court as well as the completion of investigation against the petitioner, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.86855 of 2025(2) dt.09-01-2026 3/3 each to the satisfaction of the concerned Court in connection with Kanti P.S. Case No. 415 of 2025.
(Shailendra Singh, J) maynaz/- U T