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2026 DAILYLAW 28898 (PAT)

Sanjay Paswan v. The State of Bihar

CR. MISC./58179/2026 · 2026-08-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58179 of 2026 Arising Out of PS. Case No.-188 Year-2026 Thana- Kavaiya District- Lakhisarai ====================================================== Sanjay Paswan Son of Ganesh Paswan Resident of Village- Premdiha, P.S.- Halsi, District- Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Kabaiya P.S. Case No. 188 of 2026, instituted for the offences punishable under Sections 303(2), 317(2), 318(4) and 338 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the co- accused Dheeraj Kumar was apprehended by the police with a motorcycle which was allegedly a stolen one. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the Patna High Court CR. MISC. No.58179 of 2026(2) dt.19-08-2026 2/2 basis of confessional statement made by co-accused, namely, Dhiraj Kumar and the same has got no evidentiary value. It is further submitted that the petitioner was not present at the place of occurrence. The petitioner is in custody since 12.05.2026 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 12.08.2026 passed in Cr. Misc. No. 55925 of 2026. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kabaiya P.S. Case No. 188 of 2026. Rajorshi/- (Rudra Prakash Mishra, J) U T