Patna High Court
Vijay PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Vijay Paswan, sought bail in a criminal case (S.Tr. Case No. 78 of 2024) arising from a FIR alleging his participation in a rape along with others. The FIR also charges him under Sections 341, 323, 376D and 342 of the Indian Penal Code. The court noted that eight out of nine prosecution witnesses had already been examined, indicating that the trial was at an advanced stage. Considering the seriousness of the offences, especially the rape allegation, and the progress of the trial, the court was not inclined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail can be granted to the accused given the nature of the offences (including rape) and the advanced stage of trial
Legislation cited
- Indian Penal Code — s. 323, 341, 342, 376D
Subjects
- bail
- rape
- Indian Penal Code
- trial stage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35693 of 2025
Arising Out of PS. Case No.-283 Year-2023 Thana- SHEOHAR District- Sheohar
======================================================
Vijay Paswan S/O Sukul Paswan Resident of Village- Sundarpur Kharauna,
P.S- Sheohar, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Sinha, adv.
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of
petitioner in connection with S.Tr. Case No. 78 of 2024 arising
out of Sheohar P.S. Case No.283 of 2023 for the offence under
Sections 341, 323, 376D and 342 of IPC.
3. Allegation in the F.I.R is that the petitioner along
with others committed rape with the informant.
4. By an earlier order dated 16.01.2026, a report was
called for with regard to stage of case/trial and the same has
been received which would indicate that out of nine prosecution
Patna High Court CR. MISC. No.35693 of 2025(6) dt.16-02-2026
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witnesses, eight have already been examined.
5. Taking into consideration the allegation against the
petitioner in the F.I.R coupled with the fact that trial has reached
at an advance stage, this Court is not inclined to grant bail to the
petitioner and the application is rejected.
(Soni Shrivastava, J)
Harsh/-
U T
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