Patna High Court
Santosh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied regular bail to the petitioner, holding that the seriousness of the charges and the need for a speedy trial outweigh the alleged delay.
Summary
Santosh Paswan was arrested on 30 September 2020 in connection with a case registered under Sections 147, 148, 149, 302, 307 and 323 of the Indian Penal Code, alleging assault leading to death. He applied for regular bail, claiming a clean antecedent and that this was his second bail application after a previous denial in 2021. The petitioner argued that the trial had stalled, with all prosecution witnesses examined except a doctor, and the last witness examined on 31 July 2024, leaving a single witness pending for 18 months. The State contended that the FIR specifically implicated the petitioner and another accused in the homicide. The High Court, after hearing both sides, declined to grant bail, emphasizing the seriousness of the offences and directing the trial to be concluded without further delay. The order was communicated to the relevant district judicial and police authorities.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences under the IPC.
- Whether the 18‑month delay in examining the remaining prosecution witness warrants the grant of bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323
Subjects
- bail
- criminal procedure
- Indian Penal Code
- trial delay
- murder
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1816 of 2026
Arising Out of PS. Case No.-285 Year-2020 Thana- UJIYARPUR District- Samastipur
======================================================
Santosh Paswan, S/o Late Mahendra Paswan Resident of Village - Lakhanipur
Maheshpatti, Ward No. 13, P.S - Ujiyarpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Ujiyarpur P. S. Case
No.285 of 2020 registered for the offences punishable under
Sections 147, 148, 149, 302, 307, 323 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 30.09.2020 and is a person
with clean antecedent. It is further submitted that this is the
second attempt of the petitioner to seek regular bail, the
petitioner earlier had filed Cr. Misc. No.38230 of 2021 and the
same came to be rejected by an order dated 14.12.2021. It is
submitted that specific allegation against the petitioner of
assaulting the brother of the informant namely Chandradeep
leading to his death.
Patna High Court CR. MISC. No.1816 of 2026(2) dt.20-04-2026
2/3
4. At this stage, the learned A.P.P. submits that from
perusal of the allegations as alleged in the FIR, it would
manifest that in the occurrence, two persons died and specific
allegation of assault is alleged against Krishna Paswan and
petitioner.
5. On query of the Court with regard to the stage of
the trial, the learned counsel appearing on behalf of the
petitioner fairly submits that all the prosecution witnesses have
been examined except the doctor and the last witness examined
in the trial was on 31.07.2024. It is thus submitted that there is
no progress in the trial for the last 18 months, when only one
witness remains to be examined from the side of the
prosecution.
6. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on regular bail.
7. The prayer of the petitioner for bail stands rejected.
8. However, the Court completely fails to appreciate
if what has been submitted by learned counsel appearing on
behalf of the petitioner is true then as to why the trial is pending
for the last 18 months for a single prosecution witness to be
examined. The Court expects that the trial shall be concluded
expeditiously without undue delay and without giving undue
Patna High Court CR. MISC. No.1816 of 2026(2) dt.20-04-2026
3/3
time to any side.
9. Let a copy of this order be sent to the learned
Principal District & Sessions Judge, Samastipur, the District
Magistrate, Samastipur and the Superintendent of Police,
Samastipur for their perusal.
(Satyavrat Verma, J)
vikash/-
U T
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