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Patna High Court

Santa@Santa Paswan @ Santbali PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner.

Summary

The petitioner, Santa Paswan, applied for regular bail in a case registered under Section 394 of the Indian Penal Code concerning the theft of a motorcycle and a mobile phone. The prosecution's case includes a self‑inculpatory confession of a co‑accused that implicates the petitioner, and he is already in custody since 11‑12‑2023 with six other similar serious cases pending. The court noted the gravity of the offence, the existence of multiple charges, and the risk of trial delay caused by an absconding co‑accused who has now surrendered. Considering these factors, the court was not inclined to grant bail. Consequently, the bail application was dismissed and the trial was directed to be expedited, with the police instructed to ensure witness attendance. The petitioner may seek bail again if the trial is delayed due to the prosecution's fault.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 394 IPC given the self‑inculpatory confession of a co‑accused
  • Whether the seriousness of the offence and the existence of multiple pending cases justify denial of bail
  • Whether trial delays attributable to the prosecution affect the bail decision

Legislation cited

Subjects

  • bail
  • Section 394 IPC
  • criminal procedure
  • self‑inculpatory confession
  • multiple charges
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20323 of 2025
                     Arising Out of PS. Case No.-976 Year-2023 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Santa@Santa Paswan @ Santbali Paswan Son of Mantun Paswan Resident of
                 Village-Purvi Hardash Chak, P.S-Muffasil (Khagaria) District-Khagaria
                 (Bihar)
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Seema Kumari
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   09-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Khagaria Muffasil P.S. Case

                   No. 976 of 2023 / G.R. No. 3269 of 2023 registered for the

                   offence under Section 394 of the Indian Penal Code. Earlier, the

                   bail application of the petitioner was rejected vide order dated

                   21.08.2024 passed in Cr. Misc. No. 57684 of 2024:-

                                                Heard learned counsel for the petitioner
                                   and learned APP for the State.
                                                2. The petitioner seeks bail in connection
                                   with Khagaria (Muffasil) P.S. Case No. 976 of
                                   2023 registered for the offence under Section 394
                                   of the Indian Penal Code.
                                                3. As per the prosecution case, one
                                   motorcycle and one mobile phone have been
                                   recovered from the informant.
                                                4. The name of the petitioner has come in
                                   the self inculpatory confession of the co-accused.
                                                5. The petitioner is in jail since
                                   11.12.2023 and he is accused in six more cases of
          Patna High Court CR. MISC. No.20323 of 2025(6) dt.09-02-2026
                                                      2/2




                                    similar and serious nature.
                                                 6. Considering the aforesaid facts, this
                                    Court is not inclined to grant bail to the petitioner.
                                                 7.    Accordingly,      this   application   is
                                    dismissed.
                                                 8. The Court below is directed to
                                    expedite the trial of the petitioner and conclude the
                                    same at the earliest. If the trial is delayed due to
                                    the fault of the prosecution side then the petitoner
                                    may renew his prayer for bail.
                                 3. In the trial, one of the accused was absconding to

                    delay the trial and now he has surrendered.

                                 4. Considering the gravity of the offence, this Court is

                    not inclined to review its earlier order. Accordingly, this

                    application is dismissed.

                                 5. The Superintendent of Police, Khagaria is directed

                    to ensure the attendance of the witnesses in the trial.

                                 6. Let a copy of this order be communicated to the

                    Superintendent of Police, Khagaria through FAX for its

                    compliance.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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