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Patna High Court

Shiv PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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