Bunty Paswan @ Atul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4322 of 2025
                       Arising Out of PS. Case No.-95 Year-2024 Thana- NAUHATTA District- Rohtas
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                 Bunty Paswan @ Atul Kumar S/O Late Awadh Bihari Paswan R/O Village-
                 Daranagar, P.S- Nauhatta, Distt.- Rohtas (Bihar).

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Ramanand Paswan S/O Late Dukhan Paswan R/O Village- Daranagar, P.S-
                 Nauhatta, Distt.- Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rakesh Kumar Mishra, Advocate
                 For the State           :        Mr. Binay Krishna, SPP
                 For the Informant       :        NONE
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   08-05-2026             Heard learned counsel for the appellant and learned SPP

                   for the State. None appears for the informant, despite entering

                   his appearance through vakalatnama.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 17.09.2025, passed by learned Special

                   Judge, SC/ST Act, Sasaram at Rohtas whereby the prayer for

                   bail of the appellant in connection with Nauhatta PS Case No.

                   95 of 2024 under Sections 302 & 34 of the Indian Penal Code,

                   Section 27 of the Arms Act and Sections 3(1)(r) & 3(ii)(va) of

                   SC/ST Act was rejected.

                           3.      Earlier vide order dated 17.02.2025, passed in Cr.

                   Misc. No. 80462 of 2024, regular bail of the appellant was
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          rejected by this Court.

                  4.      Learned counsel for the appellant submits that the

          present one is the second attempt for grant of regular bail to the

          appellant. It has been mainly submitted on behalf of the

          appellant that the appellant is in custody since 08.08.2024,

          having no criminal antecedent. It is submitted that one (1) out of

          five (5) prosecution witnesses have been examined in this case.

          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 A.P.P. for the State has 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,

          which is antithetical to the spirit of Article 21 of the

          Constitution of India, this Court is inclined to grant bail to the
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                      appellant. Accordingly, the appeal is allowed and order dated

                      17.09.2025, passed by learned Special Judge, SC/ST (PoA) Act,

                      Sasaram at Rohtas is hereby set aside.

                              7.      Let the appellant be released on bail on furnishing

                      bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                      of the like amount each to the satisfaction of Court

                      below/concerned Court in connection with Nauhatta PS Case

                      No. 95 of 2024, subject to the following conditions:

                              (I) One of the bailors shall be own/close member of the

                      family of the appellant.

                              (II) The appellant shall appear on each and every date

                      fixed at the trial. In case of default in such appearance on two

                      consecutive dates, the Trial Court will have liberty to cancel the

                      bail bonds of the appellant.


                                                                   (Rudra Prakash Mishra, J)

Raj kishore/-

U       T