Patna High Court
Jitan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
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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