Created by Fuzzy Cloud

Patna High Court

Mani Paswan @ Jitesh Paswan @ Mani @ Manish @ GumaniversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.