Patna High Court
Sanjeev Paswan @ Dara Paswan @ DaraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing his release on bond subject to statutory conditions.
Summary
The petitioner, Sanjeev Paswan, was arrested in connection with a 2015 case under Sections 302/34 of the IPC and Section 27 of the Arms Act and has been in custody since 27 October 2023. He filed a second bail petition after the first was rejected, arguing that the trial has been unduly delayed, violating his right to a speedy trial under Article 21 of the Constitution. The petitioner also contended that most prosecution witnesses have already been examined, there is no risk of witness tampering, and he does not pose a flight risk. The State highlighted the petitioner’s extensive criminal record, noting 22 pending cases, though he is presently involved in only seven. Relying on Supreme Court precedents concerning speedy trial and the relevance of antecedents, the Court held that the prolonged detention without trial warranted bail and ordered his release on a bond of Rs 10,000 with two sureties, subject to conditions under Sections 437(3) of the CrPC and 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the delay in trial and alleged violation of the right to speedy trial.
- Whether the petitioner’s criminal antecedents justify denial of bail.
- Whether there is any risk of flight or tampering with witnesses that would preclude bail.
Legislation cited
- Arms Act — s. 27
- BNSS — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 302, 34
Subjects
- bail
- speedy trial
- right to liberty
- IPC 302
- Arms Act
- criminal antecedent
- Article 21
- CrPC 437
- BNSS 480
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13056 of 2026
Arising Out of PS. Case No.-108 Year-2015 Thana- RANIGANJ District- Araria
======================================================
Sanjeev Paswan @ Dara Paswan @ Dara S/o Late Chandradeep Paswan @
Chandradeo Paswan R/o Village - Khokhsi Shyam, P.S - Gwalpara, District -
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. NK Agrwal, Sr. Adv
: Mr. Pawan Kumar, Adv
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Raniganj
P.S. Case No. 108 of 2015 registered for the offences under
Section 302/34 of the IPC and Section 27 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody
since 27.10.2023.
4. This is the second successive bail petition of
petitioner after rejection of his first prayer of bail through Cr. Misc.
No. 36503 of 2024 dated 31.01.2025, wherein this Court directed
to learned trial court as to conclude the trial preferably within a
year. It is submitted that petitioner is in custody for more than two
years and still matter is pending for examination of prosecution
witnesses. It is submitted that petitioner cannot be kept behind bar
for indefinite period of time in want of trial. It is submitted that
right of speedy trial is a fundamental right in view of Article 21 of
the Constitution of India, which appears breached in present case,
Patna High Court CR. MISC. No.13056 of 2026(2) dt.25-02-2026
2/3
in view of aforesaid delay. In support of his submission learned
counsel relied upon the legal report of Hon’ble Supreme Court as
available through Hussainara Khatoon & Ors Vs. Home
Secretary, State of Bihar, [1980 (1) SCC 98]. It is further
argued that out of 11 prosecution witnesses only 6 prosecution
witnesses have been examined. It is submitted that material
witnesses have already examined and, therefore, chance of
threatening of witnesses also not appears available in this case and
there is no any flight risk.
5. Explaining criminal antecedent it is pointed out that
petitioner out of 22 criminal cases pending against him, effectively
found involved in 7 cases only, as from para 3 of the bail petition,
from case no. 1 to 13 he was not sent up for facing trial, whereas
in case no. 21 and 22 he has already been acquitted by the learned
trial court and therefore, he effectively found involved in 7 cases
from case no. 14-20, where he is on bail. It is submitted that
merely on the ground of criminal antecedents prayer of bail of
petitioner should not ordinarily be rejected, in support of his
submission learned counsel relied upon the legal report of Hon’ble
Supreme Court as available through Prabhakar Tewari Vs.
State of Uttar Pradesh and Another, [(2020) 11 SCC 648].
6. In view of aforesaid factual submission and by taking
Patna High Court CR. MISC. No.13056 of 2026(2) dt.25-02-2026
3/3
note of fact as petitioner remains in custody since 27.10.2023 i.e.,
more than two years, where still this matter is pending for
examination of prosecution witnesses despite direction of this
Court suggesting that trial of this case is not likely to conclude in
the near future, which also prima-facie suggests, violation of
fundamental right qua speedy trial, accordingly petitioner above
named, is directed to be released on bail in connection with
Raniganj P.S. Case No. 108 of 2015 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-IVth, Araria/concerned court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of
BNSS with further conditions:-
(i) If petitioner made any deliberate attempt to delay trial,
State/informant shall be at liberty to press petition before the learned
Trial Court for cancellation of bail bold of petitioner by learned Trial
Court, itself, which shall be decided by learned Trial Court, in
accordance with law after giving fair opportunity to petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be
physically present on each and every date before the Trial Court till
conclusion of the trial and exemption from physical appearance be
allowed by the Trial Court, only on medical ground of the petitioner
duly supported by the documents.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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