Patna High Court
Shyam Nandan Paswan @ Tori @ Tori PaswanversusThe State of BIhar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed.
Summary
Shyam Nandan Paswan was arrested in July 2023 in connection with a case registered under Sections 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act. He has remained in custody since 6 July 2023 and filed his third application for regular bail, arguing that his continued detention amounts to undue hardship and that the trial is being delayed. The prosecution contended that witnesses would be examined on the dates already fixed and that there would be no further delay. The Court, after considering the informant’s counsel, was not persuaded that the circumstances warranted bail and therefore dismissed the application. The judgment, however, directed that if the prosecution causes any delay, the petitioner may file a fresh bail application and ordered the trial judge to examine the prosecution witnesses promptly with only short adjournments.
Issues considered
- Whether the petitioner is entitled to regular bail given his prolonged custody since July 2023.
- Whether alleged or potential delay in the trial by the prosecution justifies the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341, 504
Subjects
- bail
- custody
- trial delay
- Indian Penal Code
- Arms Act
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34508 of 2026
Arising Out of PS. Case No.-154 Year-2023 Thana- DANIYAWAN District- Patna
======================================================
Shyam Nandan Paswan @ Tori @ Tori Paswan S/o Hari Nandan Paswan
Resident of Village- Marawa, P.S.- Daniyawan, District-Patna
... ... Petitioner/s
Versus
The State of BIhar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Prasad Gupta
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
Mr. Amresh Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard the parties.
2. This is the third attempt of the petitioner for grant
of regular bail in connection with Daniyawan P.S. Case No. 154
of 2023 registered for the offence under Sections 147, 148, 149,
341, 323, 307, 302 and 504 of the Indian Penal Code and under
Section 27 of the Arms Act.
3. The petitioner is in custody since 6.7.2023 and the
learned counsel for the petitioner has pressed this application on
the ground of custody and delay in trial.
4. Learned counsel for the informant submits that the
prosecution will examine the witnesses on the dates fixed in the
trial and there shall be no delay in the trial henceforth.
5. Considering the statement of the learned counsel
Patna High Court CR. MISC. No.34508 of 2026(2) dt.03-07-2026
2/2
for the informant, this Court is not inclined to grant bail to the
petitioner.
6. Accordingly, this application is dismissed.
7. It is made clear that if the trial of the petitioner is
delayed by the prosecution then the petitioner may renew his
prayer for bail.
8. It is directed that the witnesses produced by the
prosecution shall be examined by the trial Judge on the dates
fixed and he will give short adjournments so that the trial is
concluded at the earliest.
(Sandeep Kumar, J)
Vikas/-
U
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