Patna High Court
Vikash PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The court held that continued pre‑trial detention would be punitive and contrary to Article 21, and therefore bail must be granted.
Summary
Vikash Paswan was charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST Act in Nawada Muffasil P.S. Case No. 372 of 2024. An exclusive judge of the SC/ST Act court denied his bail application, and a coordinate bench of the Patna High Court also rejected bail, citing the nature and gravity of the offences. The appellant filed a second appeal, arguing that his prolonged pre‑trial detention since 19 September 2024 violated his fundamental right to liberty under Article 21, especially since only nine of the seventeen witnesses had been examined and the trial was unlikely to conclude soon. The State and the informant opposed bail. The High Court, considering that continued detention would be punitive and contrary to the spirit of Article 21, set aside the earlier order and granted bail on a bond of Rs. 15,000 with two sureties. The appeal was allowed, and the appellant was ordered to be released on bail.
Issues considered
- Whether the appellant is entitled to bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act.
- Whether continued pre‑trial detention infringes the right to liberty guaranteed by Article 21 of the Constitution.
- Whether the nature and gravity of the offences justify denial of bail under the SC/ST Act provisions.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- SC/ST Act — s. 3(1)(f)(g)(r)(s)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- SC/ST Act
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3858 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Vikash Paswan S/o Mr. Vijay Paswan Resident Of Village- Therasarai, Ps-
Warsaliganj, Dist- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/o Mr. Sanjay Majhi R/o vill - Dedaur tola Krishna Nagar Nadi
par, Panchayat Bhadokhora, P.S. - Mufassil, Distt.- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Moni Kumari, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
For the Informant : Mr. Rajesh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 06.08.2025 passed by learned Exclusive
Judge, SC/ST Act, Nawada whereby the prayer for bail of the
appellant in connection with Nawada Muffasil P.S. Case No.
372 of 2024 under Sections 191(2), 193(3), 190, 109(1), 352,
351(2), 351(3), 326(g), 303(2), 111(3), 61(2)(a) of the Bharatiya
Nyaya Sanhita, 2023, Section 27 of the Arms Act, 3(1)(f)(g)(r)
(s)(w), 3(2)(va), 3(2)(v) of the SC/ST Act was rejected.
3. Earlier vide order dated 30.01.2025 passed in Cr.
Patna High Court CR. APP (SJ) No.3858 of 2025(4) dt.29-01-2026
2/3
Appeal (SJ) No. 5216 of 2024, bail of the appellant was rejected
by a coordinate Bench of this Court considering the nature and
gravity of offence.
4. Learned counsel for the appellant submits that the
present one is the second attempt for grant of regular bail to the
appellant. It is mainly submitted that till date, out of seventeen
witnesses, only nine witnesses have been examined. It has been
submitted on behalf of the appellant that the appellant is in
custody since 19.09.2024. Learned counsel further submits that
there is no likelihood of the trial being concluded in the near
future. Learned counsel goes on to submit that the continued
incarceration of the appellant without conclusion of trial
amounts to a gross violation of the fundamental right guaranteed
under Article 21 of the Constitution of India, which is reiterated
by Hon’ble Apex Court in plethora of judgments.
5. Learned S.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the appellant.
6. Considering the aforesaid facts and circumstances of
the case, period of custody of the appellant and taking into
account the fact that continued detention of the appellant would
serve no purpose other than punitive pretrial incarceration,
Patna High Court CR. APP (SJ) No.3858 of 2025(4) dt.29-01-2026
3/3
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
appellant. Accordingly, the appeal is allowed and order dated
06.08.2025 passed by learned Exclusive Judge, SC/ST Act,
Nawada in connection with Nawada Muffasil P.S. Case No. 372
of 2024 is hereby set aside.
7. Let the appellant, abovenamed, 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
Nawada Muffasil P.S. Case No. 372 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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