Dismissed¶19

Badal Paswan v. The State of Bihar

Patna HC17 Jan 2026CR. MISC./79090/2025

Case brief

AI extract

What is this about?

Regular bail rejected; bail application dismissed; Section 309(4) BNS; gold chain snatching; Zeromile Chowk; Bhagalpur Industrial Area P.S. Case No. 102 of 2025; recovery of looted chain from petitioner's room; identification by informant; CCTV footage identification; Test Identification Parade not conducted; arrest by Katoria Police with motorcycle; custody since 02.08.2025; renewal of bail prayer after one year in custody; impugned order dated 26.09.2025 Principal Sessions Judge Bhagalpur; CR. MISC. No. 79090 of 2025; Patna High Court; Justice Ramesh Chand Malviya; 17-01-2026; Badal Paswan v. State of Bihar.

What did the court decide?

Liberty to renew the prayer for bail before the Trial Court after completion of one year in custody. ¶19

Badal Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to renew the prayer for bail before the Trial Court after completion of one year in custody.

¶19

Issue for consideration

Whether petitioner Badal Paswan is entitled to regular bail in connection with Bhagalpur Industrial Area P.S. Case No. 102 of 2025, instituted for offences punishable under Section 309(4) of the BNS.

¶10

Court's answer

From perusal of the FIR, case diary and the impugned order dated 26.09.2025, the Court found the allegation against the petitioner to be specific: the recovery is from the house of the petitioner and the informant has identified the same.

¶16

Ratio / Principle

Perusal of the records showed that, during investigation, the looted golden chain was recovered from the room of the present petitioner and he has been identified in CCTV footage.

¶18

Key takeaways

Considering all aspects of the case and the submissions of learned counsel for the petitioner, the Court was not inclined to grant bail and rejected the prayer for regular bail.ratio¶19
The petitioner may renew his prayer for bail before the Trial Court after completion of one year in custody.ratio¶22

Detailed headnote1 paragraphs

Patna High Court, Cr. Misc. No. 79090 of 2025 (Badal Paswan v. The State of Bihar), oral order dated 17-01-2026 by Hon'ble Mr. Justice Ramesh Chand Malviya — Regular bail sought in Bhagalpur Industrial Area P.S. Case No. 102 of 2025, instituted under Section 309(4) of the BNS (snatching of a gold chain from informant Soni Kumari at Zeromile Chowk by two boys on a black motorcycle). Impugned order dated 26.09.2025 of the learned Principal Sessions Judge, Bhagalpur. The Court found the allegation against the petitioner specific: the looted golden chain was recovered from the petitioner's room and identified by the informant, and the petitioner was identified in CCTV footage. Counsel had submitted that the petitioner is innocent, not named in the FIR (name surfaced during investigation on CCTV footage), never put on Test Identification Parade, arrested with the motorcycle by Katoria Police, of clean antecedent, and in custody since 02.08.2025; the learned APP opposed bail. Prayer for regular bail rejected; petitioner permitted to renew the prayer before the Trial Court after completion of one year in custody.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79090 of 2025

¶2

Arising Out of PS. Case No.-102 Year-2025 Thana- INDUSTRIAL District- Bhagalpur

¶3

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

¶4

Badal Paswan, Male, aged about 30 years, Son of Baidyanath Paswan Resident of Village - Jurabganj, P.S.- Kodha, District - Katihar.

¶5

... ... Petitioner/s

¶6

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ======================================================

¶7

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

¶8

3 17-01-2026

¶9

Heard learned counsel for the petitioner and learned APP for the State.

¶10

The petitioner seeks bail in connection with Bhagalpur Industrial Area P.S. Case No. 102 of 2025 instituted for the offences punishable under Section 309(4) of the BNS.

¶11

As per allegation in the FIR, the informant namely Soni Kumari came at Zeromile Chowk to see-off her daughter in the school but, two boys on a black coloured motorcycle came and snatched a gold chain from her neck and fled away towards Toll-plaza.

¶12

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He submits that petitioner is not named in the FIR and his name has been surfaced in this case during course of

¶13

Patna High Court CR. MISC. No.79090 of 2025(3) dt.17-01-2026 2/3

¶14

investigation on the basis of C.C.T.V. footage. He further submits that the allegation against the petitioner is totally false, fabricated and concocted. He next submits that the petitioner has not put on Test Identification Parade till date. He lastly submits that the gold chain was recovered from the room of the petitioner, which was identified by the informant. He again submits that petitioner was arrested with the motorcycle by Katoria Police and on the information given by Katoria Police, the petitioner has been remanded in this case. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 02.08.2025.

¶15

Learned APP for the State opposes the prayer for bail of the petitioner.

¶16

6.From perusal of the FIR, case diary and also perused the impugned order dated 26.09.2025 passed by the learned Principal Sessions Judge, Bhagalpur it appears that allegation against this petitioner is specific that the recovery is from the house of the petitioner and the informant has identified the same. From perusal of the records, it also appears that on the basis of written report of the informant, FIR has been registered under Section 309(4) of the BNS against unknown persons. During investigation, the looted golden chain has been

¶17

Patna High Court CR. MISC. No.79090 of 2025(3) dt.17-01-2026 3/3

¶18

recovered from the room of the present petitioner and he has also identified in CCTV footage, so considering all these aspects of the case and submission of learned counsel for the petitioner,

¶19

I am not inclined to grant bail to the petitioner.

¶20