Patna High Court
Mani Paswan @ Jitesh Paswan @ Mani @ Manish @ GumaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The bail application of the petitioner is dismissed.
Summary
The petitioner, Mani Paswan, applied for regular bail in a case (Fatuha PS Case No.719 of 2021) involving offences under Sections 419, 420, 342, 392, 376D, 364, 506 and 34 of the Indian Penal Code. His earlier bail application had been rejected on 15‑05‑2024 and he has been in custody since 13‑10‑2023 while the trial remains pending, although a co‑accused has been granted bail. The State opposed the bail, citing a show‑cause notice from the Superintendent of Police indicating that prosecution witness testimony is still being recorded. The Court, after considering the submissions, declined to grant bail, directing the trial court to ensure that witnesses are examined and not returned without testimony, warning that failure to do so would be contemptuous. Consequently, the bail application was dismissed at this stage.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the pending trial
Legislation cited
- Indian Penal Code — s. 34, 342, 364, 376, 392, 419, 420, 506
Subjects
- regular bail
- Indian Penal Code
- serious offences
- witness examination
- contempt of court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21022 of 2025
Arising Out of PS. Case No.-719 Year-2021 Thana- FATUA District- Patna
======================================================
Mani Paswan @ Jitesh Paswan @ Mani @ Manish @ Gumani S/O Goohan
Paswan @ Lakshman Paswan R/O Sudiha, P.S.- Gaurichak, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhimanyu Deo, Adv.
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
8 25-02-2026 Heard Learned Counsel for the petitioner and
Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Fatuha P.S. Case No.719 of 2021 lodged under Sections 419,
420, 342, 392, 376D, 364, 506 & 34 of the IPC pending before
the Court of 1st Additional District & Sessions Judge, Patna city,
Patna.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner was earlier rejected vide order
dated 15.05.2024 passed in Cr. Misc. No.30319 of 2024.
4. Learned counsel for the petitioner further submits
that the petitioner is in custody since 13.10.2023, but till date,
trial has not been concluded. He further submits that other co-
accused has been granted bail.
Patna High Court CR. MISC. No.21022 of 2025(8) dt.25-02-2026
2/2
5. Learned counsel for the State opposes the prayer
for bail and submits that the Superintendent of Police, (Rural),
Patna has submitted show-cause in which it has been explained
that evidence of prosecution witnesses is continued and it shall
be completed expeditiously.
6. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at present. Therefore, the bail
application of the petitioner is hereby dismissed at this stage.
7. The Trial Court is directed to ensure that when
witnesses appear before the Court, then their evidence must be
recorded and they should not be returned without their
examination. Any failure to do so, shall be considered
contemptuous.
(Dr. Anshuman, J)
Prakashmani/-
U T
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