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Patna High Court

Shyam Nandan Paswan @ Tori @ Tori PaswanversusThe State of BIhar

Decided
Disposal
DISMISSED

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

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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