Chandan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91124 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- ANDHRATHARHI District- Madhubani ====================================================== Chandan Kumar Paswan Son of Debu Paswan Resident of village - Shiva Rampur, Ward No.- 12, P.S.- Andhrathari, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate Ms.Nitu Kumari, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP For the Informant :
Mr. Ram Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner, Informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103 (1) of the BNS, 2023.
3. 34. The case of the prosecution, in brief, is that some unknown miscreants allegedly killed the father of the informant by firing at him. The father of the informant was referred to D.M.C.H., Darbhanga but he succumbed to his injuries on the way.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.91124 of 2025(3) dt.25-03-2026 2/3 from a perusal of the F.I.R., it is evident that there is no eyewitness to the occurrence. The name of the petitioner has surfaced only on the basis of C.C.T.V. footage and his alleged confessional statement recorded thereafter.
5. It is further submitted that the petitioner is a resident of the same village and, as such, his presence in the C.C.T.V. footage cannot be said to be suspicious. It is further contended that, save and except the confessional statement, there is no material against the petitioner.
6. It is also submitted that there are altogether three accused persons in the present case. From the perusal of the post-mortem report, it appears that the deceased sustained two entry wounds. It is further evident that the doctor conducting the post-mortem did not find any blackening or charring near the entry wounds, which suggests that the firing was not from close range but from some distance. It has also been submitted that the petitioner has no criminal antecedent and is in custody since 10.08.2025.
7. Countering the submissions of the petitioner, learned counsel for the Informant submits that the petitioner has been identified in the C.C.T.V. footage and that his confessional statement corroborates such identification. It is further
Patna High Court CR. MISC. No.91124 of 2025(3) dt.25-03-2026 3/3 submitted that a similarly situated co-accused, namely Kisun Kumar Paswan @ Kishun Paswan , has been refused bail by a co-ordinate Bench of this Court vide order dated 20.02.2026 passed in Cr. Misc. No. 85085 of 2025.
8. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Andhrathari P.S. Case No. 118 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Jhanjharpur, Madhubanu, subject to the condition that the petitioner shall cooperate in the trial and shall remain present on each and every date fixed by the trial Court.
(Ashok Kumar Pandey, J) Jagdish/- U T