Patna High Court
Santa@Santa Paswan @ Santbali PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 394
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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