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Patna High Court

GAYA PASWANversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld its earlier order and denied bail to the petitioner.

Summary

The petitioner, Gaya Paswan, applied for regular bail in a case registered under Sections 191(2), 190, 126(2), 115(2), 109, 125, 352 and 103 of the Bharatiya Nyaya Sanhita, 2023, relating to the brutal assault and death of a victim. The petitioner argued that he was not named in the FIR and was only identified later, and that he had been in custody since 21‑11‑2024. The State and the informant opposed bail, emphasizing the gravity of the offences and the likelihood of the petitioner’s involvement in the homicide. The High Court, recalling its earlier order dismissing the first bail application, found no ground to revisit that decision and therefore rejected the second bail application. The Court also directed the trial judge to expedite the trial and not grant unnecessary adjournments, while allowing the petitioner to re‑apply for bail if the prosecution causes delay.

Issues considered

  • Whether bail should be granted in a case involving serious offences such as murder and grievous hurt under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the earlier denial of bail can be reviewed on a subsequent application.
  • Whether the fact that the petitioner was not originally named in the FIR but later identified affects the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offence
  • murder
  • Bharatiya Nyaya Sanhita
  • trial expeditiousness
  • FIR non‑naming

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68941 of 2025
                         Arising Out of PS. Case No.-492 Year-2024 Thana- KONCH District- Gaya
                 ======================================================
                 GAYA PASWAN Son of Late Ram Prakash Paswan @ Ram Pravesh Paswan
                 Resident of Village - Konch, P.S.- Konch, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                   Mr. Ramakant Singh
                 For the Opposite Party/s :        Mr. Ramchandra Sahni
                 For the Informant        :        Mr. Shailesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard Mr. Krishna Prasad Singh, the learned Senior

                   counsel for the petitioner and the learned APP for the State and

                   Mr. Shailesh Kumar, the learned counsel for the informant.

                                 2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Konch P.S. Case No.

                   492 of 2024 registered for the offence under Sections 191(2),

                   190, 126(2), 115(2), 109, 125, 352 and 103 of the Bharatiya

                   Nyaya Sanhita, 2023.

                                 3. Earlier the bail application of the petitioner was

                   rejected on 23.04.2025 in Cr. Misc. No. 21177 of 2025 which

                   reads as follows:-

                                                          Heard learned counsel for the
                                              petitioners; learned APP for the State and
                                              learned counsel for the informant.
Patna High Court CR. MISC. No.68941 of 2025(3) dt.11-02-2026
                                            2/3




                                              2. The petitioners seek bail in
                                  connection with Konch P.S. Case No. 492 of
                                  2024 registered for the offence punishable under
                                  Sections 191(2), 190, 126(2), 115(2), 109, 125,
                                  352 and 103of the Bharatiya Nyaya Sanhita,
                                  2023.
                                              3. As per the prosecution case, the
                                  petitioners and other persons are said to have
                                  brutally assaulted the deceased. The deceased
                                  sustained number of injuries and died on the
                                  next day of the occurrence.
                                              4. It has been submitted by learned
                                  counsel for the petitioners that the petitioners is
                                  not named in the FIR. In theFIR, few accused
                                  persons are named and rest of the accused
                                  persons are not named. During investigation, the
                                  name of the petitioners have come. The
                                  petitioners are in custody since 21.11.2024.
                                              5. Learned counsel for the informant
                                  has opposed the prayer for bail and has
                                  submitted that the accused persons have brutally
                                  killed the deceased after inflicting number of
                                  injuries.
                                              6. Learned counsel for the informant
                                  further submits that he will examine all the
                                  witnesses on the date fixed and he will not delay
                                  the trial.
                                              7. Considering the gravity of the
                                  offence, I am not inclined to grant bail to the
                                  petitioners.
                                              8. Accordingly, the application stands
                                  dismissed.
                                              9. If the trial is delayed by the
                                  prosecution, the petitioners may renew their
                                  prayer for bail.

                       4. The Report of the Trial Court says that police

          papers are to be supplied. The learned counsel for the informant

          submits that the charges have been framed and the witnesses are
            Patna High Court CR. MISC. No.68941 of 2025(3) dt.11-02-2026
                                                        3/3




                      to be examined in this case on the next date of hearing i.e., on

                      10.03.2026.

                                   5. This Court finds no ground to review its earlier

                      order. Accordingly, this application for regular bail is hereby

                      rejected.

                                   6. The District and Additional Sessions Judge-19,

                      Gaya/concerned Trial Judge is directed to expedite the trial and

                      he will not grant unnecessary adjournments in this case.

                                   7. If the prosecution delays the trial, the petitioner

                      may renew his prayer for bail.

                                   8. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Gaya through FAX for its

                      compliance forthwith.



                                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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