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Patna High Court

Ranjeet Paswan @ Bari Paswan @ RanjeetversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court denied bail, holding that the seriousness of the murder charge and the petitioner’s alleged role preclude the grant of bail.

Summary

The petitioner, Ranjeet Paswan, was charged under Sections 302 and 34 of the Indian Penal Code for allegedly causing the death of a person by a blunt force injury. He applied for bail for the second time, having been in custody since 29 January 2023. The trial had already commenced and the charge sheet was framed after separating his case from that of an absconding co-accused. The learned counsel argued that the framing of charges after separation warranted bail, but the court noted the gravity of the murder charge and the petitioner’s role as the alleged assailant. Consequently, the court declined to revisit its earlier order and dismissed the bail application, directing the lower court to expedite the trial.

Issues considered

  • What is the appropriate discretion of the High Court in granting bail to an accused charged with murder under Sections 302 and 34 of the IPC?
  • Whether the separation of the petitioner’s case from an absconding co-accused affects the bail eligibility.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • criminal procedure
  • high court
  • grant of bail
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56118 of 2025
                           Arising Out of PS. Case No.-1 Year-2012 Thana- BARH District- Patna
                 ======================================================
                 Ranjeet Paswan @ Bari Paswan @ Ranjeet S/o Vijay Paswan Resident of
                 Mohalla/ Village- Kazichak, ward no 23, Barh, Police Station- Barh, Distt.-
                 Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar Arun, Adv
                                                   Mr. Anil Kumar, Adv
                                                   Mr. Karan Chand, Adv
                                                   Mr. Aditya Pushkar, Adv
                                                   Mr. Sudhir Kumar, Adv
                 For the Opposite Party/s :        Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Barh P.S.Case No.

                   01 of 2012 registered for the offence punishable under Sections

                   302/34 of the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 02.04.2024 passed in Cr. Misc.

                   No. 19512 of 2024 which reads as under:-

                                                            Heard learned counsel for the
                                              petitioner and learned APP for the State.
                                                         2. The petitioner seeks bail in
                                              connection with Barh P.S.Case No.01 of
            Patna High Court CR. MISC. No.56118 of 2025(4) dt.10-02-2026
                                                        2/2




                                                 2012 registered for the offence under
                                                 sections 302/34 of the Indian Penal Code.
                                                            3. As per the prosecution case,
                                                 the petitioner is the assailant of the
                                                 deceased and he has given head injury to
                                                 the deceased by a hard and blunt
                                                 substance.
                                                            4. The petitioner is in jail since
                                                 29.01.2023.
                                                            5. Considering the fact that the
                                                 petitioner is the assailant of the deceased,
                                                 this Court is not inclined to grant bail to
                                                 the petitioner

                                                           6. Accordingly, this application
                                                 is dismissed.
                                                           7. The court below is directed to
                                                 expedite the trial of the petitioner and
                                                 conclude the same at the earliest.”

                                        4. Learned counsel for the petitioner submits that

                      the charge has been framed after separating the case of the

                      petitioner from the absconding accused.

                                  5. Considering the gravity of the offence and the fact

                      that the trial has started, I am not inclined to review my earlier

                      order.

                                   6. Accordingly, the application stands dismissed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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