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Patna High Court

Jitan PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court denied regular bail to the petitioner.

Summary

The petitioner, Jitan Paswan, was charged under Sections 302, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act in a murder‑related case. He applied for regular bail before the Patna High Court after an earlier bail denial. The trial court had examined eight of nine witnesses, with only one witness remaining, and assured that the trial would conclude within three months. The State opposed bail, emphasizing the pending witness and the seriousness of the offences. The High Court, noting the stage of the trial and the nature of the charges, refused to grant bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether regular bail should be granted to the petitioner at the present stage of trial under Sections 302, 34, 120(B) IPC and Section 27 Arms Act.

Legislation cited

Subjects

  • regular bail
  • murder
  • conspiracy
  • arms act
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75321 of 2025
                      Arising Out of PS. Case No.-141 Year-2022 Thana- KINJAR District- Jehanabad
                 ======================================================
                 Jitan Paswan S/o Sudarshan Paswan R/o- Azad Nagar, P.S.- Kinjar, Distt.-
                 Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial No. 719 of 2023, arising out of Kinjar P.S. Case

                   No. 141 of 2022, lodged on 28.12.2022, under Sections 302, 34 ,

                   120(B) of the Indian Penal Code read with Section 27 of the

                   Arms Act, pending before the Court of Additional Sessions

                   Judge- I, Arwal.

                                3. Learned counsel for the petitioner submits that the

                   bail application of the petitioner was earlier rejected vide order

                   dated 05.07.2024 passed in Cr. Misc. No. 10556 of 2024.

                   Counsel further submits that charges have been framed in this

                   case and out of nine witnesses, eight witnesses have been

                   examined. Counsel also submits that, on an earlier occasion, a
          Patna High Court CR. MISC. No.75321 of 2025(3) dt.16-01-2026
                                                      2/2




                    report regarding the present stage of the trial was called for.

                                 4. Learned APP for the State opposes the prayer for

                    bail and further submits that a report regarding the present stage

                    of the trial has been called for.

                                 5. From the report, it transpires to this Court that only

                    one witness remains to be examined and the Trial Court assures

                    that the trial shall be concluded within three months.

                                 6. In view of the above and in light of the submissions

                    made, this Court is not inclined to grant bail to the petitioner.

                    Accordingly, the bail application of the petitioner is hereby

                    rejected at present.

                                 7. The Trial Court is directed to expedite the trial,

                    preferably within the period demanded.



                                                                     (Dr. Anshuman, J.)


Aman Kumar/-

U     T


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