Allowed¶20

Arvind Kumar @ Arvind Paswan @ Aravind Kumar v. The State of Bihar

Patna HC5 Dec 2025CR. MISC./54403/2025

Case brief

AI extract

What is this about?

Patna High Court; Cr. Misc. No.54403 of 2025; Chandra Shekhar Jha, J.; order dated 05-12-2025; bail; dacoity; Sections 395, 397 IPC; Mokama P.S. Case No. 30 of 2015; confessional statement of co-accused Sujeet Paswan; no incriminating recovery against petitioner; charge-sheet filed; custody since 28.05.2025; Section 480(3) BNSS conditions; bail bond Rs.10,000; ACJM IIIrd Barh.

What did the court decide?

Bail granted: petitioner to be released 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 ACJM IIIrd, Barh /concerned court, subject to the conditions under Section 480(3) of BNSS. ¶20

Arvind Kumar @ Arvind Paswan @ Aravind Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in the FIR and in custody since 28.05.2025, is entitled to bail in Mokama P.S. Case No. 30 of 2015 registered under Sections 395 and 397 IPC.

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Court's answer

Save and except the suspicion arising out of the confessional statement of the co-accused, prima facie nothing incriminating surfaced during investigation connecting the petitioner with the crime in question; investigation of the case is already completed and the petitioner has remained in custody since 28.05.2025.

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Ratio / Principle

The petitioner is directed to be released on bail in connection with Mokama P.S. Case No. 30 of 2015 on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IIIrd, Barh /concerned court, subject to the conditions mentioned under Section 480(3) of BNSS.

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Detailed headnote1 paragraphs

Bail granted. Petitioner, named in the FIR in Mokama P.S. Case No. 30 of 2015 (Sections 395, 397 IPC — dacoity), in custody since 28.05.2025; implication rests on the confessional statement of co-accused Sujeet Paswan, from whose possession the looted articles were stated to have been recovered and who has already been granted bail by the trial court; petitioner not yet put on TIP; investigation complete and charge-sheet filed; petitioner stated to be on bail in four other criminal cases. Holding that prima facie nothing incriminating surfaced during investigation connecting the petitioner with the crime save the suspicion arising from the co-accused's confessional statement, and noting completed investigation and custody since 28.05.2025, the Court directed release on bail on a bond of Rs.10,000/- with two like sureties, subject to conditions under Section 480(3) BNSS (Chandra Shekhar Jha, J).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54403 of 2025

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Arising Out of PS. Case No.-30 Year-2015 Thana- MOKAMAH District- Patna

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======================================================

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Arvind Kumar @ Arvind Paswan @ Aravind Kumar Son of Javahar Paswan @ Jawahar Paswan Vill.- Hasanchak, P.S.- Harnaut, Distt.- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun Bharti For the Opposite Party/s : Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 05-12-2025 Heard the parties.

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The petitioner seeks bail in connection with Mokama P.S. Case No. 30 of 2015 registered for the offence under Sections 395, 397 of the I.P.C.

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The petitioner is named in the F.I.R. and is in custody since 28.05.2025.

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As per FIR, unknown seven miscreants committed dacoity upon informant on 25.02.2025 at about 7:30 P.M., while he was traveling on Sultanpur NH-31 with his TATA 407 and during course of dacoity his ATM card, mobile phones and cash alleged to be looted by miscreants.

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Learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.54403 of 2025(2) dt.05-12-2025 2/3

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petitioner submitted that the name of this petitioner transpired on the basis of confessional statement of coaccused Sujeet Paswan, in furtherance of which no incriminating material appears recovered during investigation which may connect petitioner with present crime in question. It is submitted that the looted articles appears recovered from the possession of co-accused Sujeet Paswan who has already granted bail by learned trial court itself. It is also submitted that petitioner was not put on TIP as yet. While concluding the argument, it is submitted that petitioner found involved in four more criminal cases where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP opposes the prayer of bail.

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In view of aforesaid factual submission and by

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taking note of fact as save and except suspicion arising out of confessional statement of co-accused prima-facie nothing incriminating appears surfaced during investigation as to connect petitioner with present crime in question, coupled

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Patna High Court CR. MISC. No.54403 of 2025(2) dt.05-12-2025 3/3

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with fact that investigation of this case already completed where petitioner remains in custody since 28.05.2025, accordingly petitioner above named, is directed to be released on bail in connection with Mokama P.S. Case No. 30 of 2015 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM III^rd , Barh /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

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(Chandra Shekhar Jha, J)

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Sudha/-

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U T

Arvind Kumar @ Arvind Paswan @ Aravind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arvind Kumar @ Arvind Paswan @ Aravind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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