Patna High Court
Sanjay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application and ordered the petitioner to be released on bail.
Summary
The Patna High Court considered the bail application of Sanjay Paswan, who was arrested in connection with a case involving offences under sections 341, 323, 498A, 363, 365, 504, 506 and 34 of the Indian Penal Code. The petitioner, the husband of the deceased, claimed innocence and argued that the informant had turned hostile during trial. He had been in custody since 12 April 2025 after an earlier bail plea was rejected. The State opposed regular bail, but the court noted the informant's hostile statement and the length of custody. Consequently, the court granted bail on condition of a Rs.10,000 bond with two sureties and required the petitioner to cooperate with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged
- Whether the informant's hostile testimony and the period of custody justify granting bail
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 363, 365, 498, 504, 506
Subjects
- bail
- Indian Penal Code
- hostile witness
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7027 of 2026
Arising Out of PS. Case No.-436 Year-2023 Thana- KURTHA District- Jehanabad
======================================================
Sanjay Paswan Son of Shiv Paswan Resident of Village- Chamandi, P.S.-
Kurtha, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Earlier, the prayer for bail of the petitioner was
rejected.
3. The petitioner seeks bail in connection with
Kurtha P.S.Case No. 436 of 2023 registered for the offence
punishable under sections 341, 323, 498A, 363, 365, 504,
506/34 of the Indian Penal Code.
4. The petitioner is husband of the deceased.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the informant has been examined
in the trail and she has not supported the prosecution case. The
petitioner is in custody since 12.04.2025.
Patna High Court CR. MISC. No.7027 of 2026(2) dt.16-02-2026
2/2
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the period of custody and the
statement of the informant, who has turned hostile, this
application is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below/concerned Court in connection with Kurtha
P.S.Case No. 436 of 2023, subject to the condition that the
petitioner will co-operate in the trial.
(Sandeep Kumar, J)
N.K/-
U T
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