Patna High Court
Nitish Paswan @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
Nitish Paswan was arrested in connection with a case under several offences of the Bharatiya Nyaya Sanhita, 2023, and has been in custody since 24 September 2024. An earlier application for regular bail was rejected, with the court allowing a fresh application after five months. The petitioner argued that the trial was incomplete, noting that one of six witnesses had not yet been examined, and that he had been detained for an extended period. The State opposed the bail, citing the seriousness of the charges. Considering the prolonged custody and the pending witness examination, the Patna High Court granted bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner given the nature of the offences and the period of custody?
- Does the fact that one witness remains unexamined justify the grant of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126, 3(5), 351(2-4), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- custody
- witness examination
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17290 of 2026
Arising Out of PS. Case No.-86 Year-2024 Thana- Mohanpur District- Purnia
======================================================
Nitish Paswan @ Nitish Kumar S/o- Malku Paswan @ Malki Paswan @ Ajit
Paswan R/v- Nayatola Topra Ps- Mohanpur Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 79 of 2025 arising out of Mohanpur P.S. Case
No. 86 of 2024 instituted for the offence under Sections 126,
115(2), 109, 352, 351(2-4), 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Earlier vide order dated 18.06.2025 passed in Cr.
Misc. No. 36716 of 2025, regular bail of the petitioner was
rejected by this Court considering the specific allegation of
firing against the petitioner with a liberty to renew the prayer
after five months if the trial is not concluded.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.17290 of 2026(2) dt.03-04-2026
2/2
present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that there are six witnesses but
one witness has still not been examined, which is evident from
the impugned order itself. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 24.09.2024.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody of the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Sessions Trial No.
79 of 2025 arising out of Mohanpur P.S. Case No. 86 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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