Patna High Court
Nandu PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and bail is granted to the appellant, setting aside the Special Judge’s order.
Summary
Nandu Paswan was arrested in connection with a case under multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act and has been in judicial custody since 19 September 2024. He filed a second bail application after an earlier denial, arguing that his continued pre‑trial detention violated his fundamental right to liberty under Article 21, especially since the charge‑sheet had been framed and only fifteen of twenty‑one witnesses had been examined. The State opposed bail, citing the seriousness of the offences. The Patna High Court observed that prolonged detention would serve only a punitive purpose and was antithetical to Article 21, noting that a co‑accused had already been granted bail. Consequently, the Court allowed the appeal, set aside the Special Judge’s order, and granted regular bail with monetary and personal‑surety conditions. The appellant was ordered to appear at every trial date, with bail bonds of Rs 15,000 and two sureties.
Issues considered
- Whether the appellant’s pre‑trial detention amounts to a violation of Article 21 of the Constitution.
- Whether bail should be granted despite the gravity of the offences under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST (Prevention of Atrocities) Act.
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 (Prevention of Atrocities) Act — s. 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- pre‑trial detention
- Article 21
- SC/ST Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- fundamental rights
- punitive incarceration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.730 of 2026
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Nandu Paswan S/o- Late Saukhi Paswan R/O Vilage- Pran Bigha, P.O-
Akouna Bazar, Ps- Mufassil, Dist -Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/o- Mr. Sanjay Majhi R/v- Dedaur Tola Krishna Nagar Nadi Par
Ps- Mufassil Dist- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satish Kumar Sinha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 01-05-2026 Heard learned counsel for the appellant and learned SPP
for the State.
2. The instant appeal has been filed by the appellant
against the order dated 05.02.2026 passed by learned Special
Judge, Exclusive Special Court, SC/ST (Prevention of
Atrocities) 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, read with Section 27 of the Arms Act,
Sections 3(1)(f)(g)(r)(s)(w), 3(2)(va) and 3(2)(v) of SC/ST Act
was rejected.
Patna High Court CR. APP (SJ) No.730 of 2026(3) dt.01-05-2026
2/4
3. This is the second attempt of the appellant for bail.
The appellant has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
30.01.2025 passed in Cr. Appeal (SJ) No. 5502 of 2024 taking
into account the nature and gravity of the offence.
4. In compliance of the order dated 17.04.2026, a
supplementary affidavit with regard to the present stage of trial
has been filed. From perusal of the supplementary affidavit, it
appears that charge has been framed against the appellant and
out of twenty-one (21) charge-sheeted witnesses, only fifteen
(15) witnesses have been examined in this case.
5. Learned counsel for the appellant submits that the
appellant is languishing in judicial custody since 19.09.2024
without any rhymes or reason and has got one criminal
antecedent in which he is on bail. Learned counsel for the
petitioner next submits that the continued incarceration of the
petitioner without conclusion of trial amounts to a gross
violation of the fundamental right guaranteed under Article 21
of the Constitution of India, which reiterated by Hon’ble Apex
Court in plethora of Judgments. Learned counsel for the
appellant further submitted that other co-accused has been
granted regular bail by this Court vide order dated 05.02.2026
Patna High Court CR. APP (SJ) No.730 of 2026(3) dt.01-05-2026
3/4
passed in Cr. Appeal (SJ) No. 4551 of 2025.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, the period of custody undergone by the petitioner,
charge has been framed against the appellant and taking into
account the fact that continued detention of the petitioner 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
petitioner. Accordingly, the appeal is allowed and order dated
05.02.2026 passed by learned Special Judge, Exclusive Special
Court, SC/ST (Prevention of Atrocities) Act, Nawada is hereby
set aside.
8. Let the appellant 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, 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
Patna High Court CR. APP (SJ) No.730 of 2026(3) dt.01-05-2026
4/4
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
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