Patna High Court
Shiv PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the period of custody, trial delay, and the bail granted to a similarly situated co‑accused, the court allowed the petitioner's bail.
Summary
Shiv Paswan was arrested in connection with a kidnapping case (Imamganj PS Case No. 100 of 2022) involving the forced employment of the victim's son in a Hyderabad bangle factory, alleged under IPC sections 370, 371, 363 and 374. The petitioner sought regular bail after an earlier bail application was rejected. Counsel argued that the petitioner had helped the victim's family, that a co‑accused (Jaidun Paswan) had already been granted bail, and that charges had not yet been framed. The State opposed bail. The court, noting the length of custody, delay in trial, and the precedent of bail to a similarly situated co‑accused, allowed the bail application, ordering release on a bond of Rs.10,000 with two sureties and a condition to cooperate in the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under sections 370, 371, 363 and 374 IPC.
- Whether the non‑framing of charges and the delay in trial justify granting bail.
- Whether the grant of bail to a co‑accused in a similar case is relevant to the petitioner's bail application.
Legislation cited
- Indian Penal Code — s. 363, 370, 371, 374
Subjects
- bail
- kidnapping
- forced labour
- IPC sections 370 371 363 374
- criminal procedure
- delay in trial
- co‑accused precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7113 of 2026
Arising Out of PS. Case No.-100 Year-2022 Thana- IMAMGANJ District- Gaya
======================================================
Shiv Paswan Son of Late Sukhlal Paswan Resident Of Village -Saipur PS
-Hunterganj Dist- Chatra, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Adv
For the Opposite Party/s : Mr.Ram Sumiran Rai, 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
Imamganj P.S.Case No. 100 of 2022 registered for the offence
punishable under sections 370, 371, 363, 374 of the Indian
Penal Code.
4. As per the prosecution case, the min or son of the
informant was kidnapped and made to work in a bangle factory
in Hyderbad forcibly.
5. Learned counsel for the petitioner submits that the
petitioner had helped the family of the victim and got the son of
the informant employed in Hyderabad. Learned counsel for the
Patna High Court CR. MISC. No.7113 of 2026(2) dt.16-02-2026
2/2
petitioner further submitted that similarly situated co-accused
Jaidun Paswan has already been granted bail by this Court vide
order dated 28.07.2023 passed in Cr. Misc. No. 13996 of 2023.
He further submitted that charge has not been framed.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the period of custody, delay in trial and
that similarly situated co-accused has already been granted bail,
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
Imamganj P.S.Case No. 100 of 2022, subject to the condition
that the petitioner will co-operate in the trial.
(Sandeep Kumar, J)
N.K/-
U T
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