PANKAJ KUMAR PASWAN vs STATE OF ODISHA

Court
Odisha High Court

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL Nos.13044, 13232 & 13347 of 2025

(In the matter of application under Section 483 of
BNSS, 2023).


Pankaj Kumar Paswan
(In BLAPL No. 13044 of 2025)
Anuj Kumar Shaw @ Papu @
Akash
(In BLAPL No. 13232 of 2025)
Yash Anand @ Rishu
(In BLAPL No. 13347 of 2025)
… Petitioners

Mr. D. Panda, Advocate
(In BLAPL Nos. 13044 & 13347 of 2025)
Mr. B.P. Tripathy, Advocate
(In BLAPL No.13232 of 2025)

-versus-
State of Odisha … Opposite Party
Mr. C. Mohanty, Addl. PP

CORAM:
JUSTICE G. SATAPATHY




DATE OF HEARING & JUDGMENT:11.05.2026(ORAL)
G. Satapathy, J.

1. These are bail applications U/S.483 of BNSS by
the petitioners for grant of bail in connection with
Ainthapali P.S. Case No. 05 of 2025 corresponding to S.T.
Case No. 141/45 of 2025 & S.T. Case No. 247/65 of 2025
(G.R. Case No. 14 of 2025) pending in the file of learned
nd
2 Addl. Sessions Judge, Sambalpur, for commission of
offences punishable U/Ss. 310(2)/62(2) of BNS, r/w.
Sec.25(1)(a)/27 of Arms Act, on the main allegation of
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committing dacoity in Mannapuram Finance Ltd.
Budharaja Branch, Sambalpur and taking away 27.52 Kgs
of gold ornaments along with cash of Rs.4,81,382/- on
the point of gun.
2. In the course of hearing, Mr. Devashis Panda,
learned counsel for the petitioners in BLAPL Nos. 13044 &
13347 of 2025 by referring to certain documents filed by
him submits that although there are scar marks on the
face of the petitioner-Pankaj Kumar Paswan, but no
similar person has been associated at the time of
conducting TI parade of the petitioner-Pankaj Kumar
Paswan and thereby, the alleged identification of the
petitioner Pankaj Kumar Paswan in TI parade bears no
meaning or significance and although the petitioners
being innocent persons, but they are confined in custody.
He also submits that the petitioner-Yash Anand @ Rishu
has no role in commission of the crime and he is not
identified in TI parade, but out of the criminal
antecedents shown against him, he has been discharged
in two cases and the petitioner’s criminal proclivity should
not be taken into account and, therefore, the petitioner’s
custody period being primary consideration, there would
not be any impediment to grant bail to the petitioner-
Yash Anand @ Rishu. On the aforesaid submission, Mr.
Panda prays to grant bail to the petitioners-Pankaj Kumar
Paswan and Yash Anand @ Rishu.
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2.1. Mr. Biraja Prasad Tripathy, learned Senior
Counsel appearing virtually for the petitioner in BLAPL
No. 13232 of 2025 submits that the allegation against the
petitioner-Anuj Kumar Shaw @ Papu @ Akash being not
found out on materials on record, his detention in custody
is unwarranted and, therefore, the petitioner may kindly
be granted bail.
2.2. On the other hand, Mr. C. Mohanty, learned
Addl. PP by referring to the identification of the
petitioner-Pankaj Kumar Paswan and the allegation
sought to be brought against rest of the petitioners,
submits that not only the petitioner-Pankaj Kumar
Paswan has been identified in TI parade, but also there is
prima facie involvement of all the petitioners in this case
and the petitioner-Anuj Kumar Shaw @ Papu @ Akash
and petitioner- Yash Anand @ Rishu having been involved
in other criminal cases, their bail applications may kindly
be rejected.
3. After having considered the rival submissions
upon perusal of record, there appears allegation against
unknown persons in the FIR for committing dacoity in the
Office of Mannapuram Finance Ltd. Budharaja Branch,
Sambalpur and robbing away approximately property
worth Rs.11.5 Crores (27.52 Kgs of gold ornaments along
with cash of Rs.4,81,382/-) on the point of gun, but the
petitioner-Pankaj Kumar Paswan has been allegedly
identified in the TI parade, however, such identification

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has been seriously challenged by the petitioner for not
being associating similar type of persons, but such
challenge cannot be adjudicated in a bail application,
since detailed analysis of evidence and meticulous
examination of documents on merit is not permissible at
the stage of consideration of bail. Further, the materials
placed on record disclose allegation against the
petitioner- Yash Anand @ Rishu for receiving
Rs.3.5Crores in connection with this case and against the
petitioner-Anuj Kumar Shaw @ Papu @ Akash for
receiving all looted gold articles.
4. It is, however, not disputed, rather stated in the
bail application of the petitioner-Yash Anand @ Rishu that
he is having seven criminal cases, but the details thereof,
such as offences or allegations and status of the cases
have not been given. It is only stated in the paragraph-10
of his bail application that the petitioner-Yash Anand @
Rishu has following previous criminal antecedents:-
(i) 0095/2025 Police station- Lodhi Special Cell P.S.
(ii) Dharhara P.S. Case No. 137/2020
(iii) Gandhi maidan P.S. Case No. 449/2017
(iv) Patrakar Nagar P.S. Case No. 350/2016
(v) Patrakar nagar P.S. Case No. 352/2016
(vi) Buddha colony P.S. Case No.310/2017
(vii) Patrakar Nagar P.S. Case No. 377/2016

5. Besides, the petitioner-Anuj Kumar Shaw @
Papu @ Akash has not disclosed his criminal antecedents
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in his bail application, but the learned State Counsel has
inter alia provided the antecedents of the petitioner-Anuj
Kumar Shaw @ Papu @ Akash Singh in following cases,
which is material suppression:-

(1) Rangnath Nagar P.S. Case No. 336/22
U/S.395/120-B/420/467/468/471 IPC/ 25/27
Arms Act;

(2) Maharastra MIDC Lathur P.S. Case No.
730 Dt.29.09.2023 U/S.399/402/120-
B/420/485/ 487 IPC/ 3/25(1)/7/27 Arms Act;

(3) Madhya Pradesh, Katni P.S. Case No. 336
dt.26.11.2022 U/S. 395 IPC and

(4) Rajasthan, Rajsamand Kankroli Police
Station Case No. 287/2023 dt. 30.10.2023 U/S.
45 0/342/384/397/34 IPC / 3/25 Arms Act.
6. On the context of suppression of criminal
antecedents, this Court considers it proper to refer to the
decision in Munnesh Vrs. State of Uttar Pradesh;
(2025) SCC OnLine SC 1319, wherein the Apex Court
in paragraph-9 has inter alia held as under :-

“9. since the petitioner has suppressed material
facts with regard to his involvement in criminal
cases, he is not entitled to the discretionary
relief of bail .” Xxxx xxx xx xx.
7. Additionally, in a very recent decision in Zeba
Khan Vrs. State of UP and others; 2026 SCC OnLine
188, the Apex Court at paragraphs-42, 43, 47 & 48 has
been pleased to hold as under:-
“42. It has been consistently emphasized by this
Court that an accused or applicant seeking bail is
under a solemn obligation to make a fair, complete
and candid disclosure of all material facts having a
direct bearing on the exercise of judicial discretion.

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Any suppression, concealment or selective
disclosure of such material facts amounts to an
abuse of the process of law and strikes at the
very root of the administration of criminal
justice .

43. In the present case, Respondent No. 2
deliberately concealed his criminal antecedents
before the High Court, both in the petition for
quashing FIR as well as in successive bail
applications. Even before this Court, only partial
disclosure was made in the counter-affidavit, despite
the existence of multiple criminal cases on record.
This conduct cannot be viewed as an isolated
lapse but reflects a growing and disturbing
trend of accused persons securing discretionary
relief by suppressing material facts .

47. As repeatedly observed by this Court, bail
applications are examined at multiple stages - from
the trial Court to the High Court and ultimately this
Court - where courts are often constrained to take a
prima facie view on incomplete or selectively
presented records. Non-disclosure of material
aspects such as criminal antecedents, prior bail
rejections, duration of custody, compliance with
constitutional and statutory safeguards, and the
progress of trial may result in the unwarranted
grant of bail , or conversely, the prolonged
incarceration of accused persons despite substantial
custody having already been undergone.
48. Thus, this Court is of the view that every
petitioner or applicant seeking bail, at any
stage of proceedings, is under an obligation to
disclose all material particulars, including
criminal antecedents and the existence of any
coercive processes such as issuance of non-bailable
warrants, declaration as a proclaimed offender, or
similar proceedings, duly supported by an affidavit,
so as to promote uniformity, transparency and
integrity in bail adjudication.”
8 . In the sequence of events and taking into
consideration the nature and gravity of the offence as
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alleged against the petitioners vis-à-vis the accusations
sought to be brought against them and regard being had
to the materials placed on record together with the
suppression of criminal antecedent by the petitioner-Anuj
Kumar Shaw @ Papu @ Akash and the petitioner- Yash
Anand @ Rishu having not disclosed the details of his
criminal antecedents and keeping in view the alleged
identification of the petitioner-Pankaj Kumar Paswan in
the TI parade and last but not the least, further taking
into account the law laid down by the Apex Court in the
decisions referred to above, this Court is not inclined to
grant bail to any of the petitioners.
9. Hence, these three bail applications of the
petitioners namely Pankaj Kumar Paswan (BLAPL No.
13044 of 2025); Anuj Kumar Shaw (BLAPL No. 13232 of
2025) and Yash Anand @ Rishu (BLAPL No. 13347 of
2025) stand rejected. Accordingly, these BLAPLs stand
disposed of. A soft copy of this judgment be immediately
transmitted to the Court in seisin over the matter for
reference.


(G. Satapathy)
Judge





Orissa High Court, Cuttack,
th
Dated the 11 day of May, 2026/S.Sasmal
Signature Not Verified
Digitally Signed
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 12-May-2026 14:14:56

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