Patna High Court
Hirday Paswan @ Hriday Paswan @ Hirdey paswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Hirday Paswan, applied for regular bail in a case registered under Section 392 of the Indian Penal Code for robbery and assault. The petition had previously been rejected. The State argued that the petitioner was implicated through co‑accused statements and is also charged in six similar serious cases, and has been in custody since December 2024. The court noted that the trial is underway with one witness already examined, indicating the case is progressing. Considering the seriousness of the allegations, the multiple pending cases, and the ongoing trial, the court was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 392 IPC given the seriousness of the offence and pending multiple cases
- Whether the progress of the trial warrants denial of bail
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- Section 392 IPC
- robbery
- assault
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77468 of 2025
Arising Out of PS. Case No.-2 Year-2022 Thana- GURUA District- Gaya
======================================================
Hirday Paswan @ Hriday Paswan @ Hirdey paswan son of Kamal Paswan
Resident Of Village- Kamaldah Ps- Paraiya Dist -Gaya
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with S.Tr. No. 115 of 2025 / 23 of
2025 arising out of Gurua P.S. Case No. 2 of 2022 registered for
the offence under Section 392 of the Indian Penal Code. Earlier
the bail application of the petitioner was rejected vide order
dated 07.05.2025 passed in Cr. Misc. No. 28709 of 2025 which
reads as under:-
Heard learned counsel for the petitioners
and learned APP for the State.
2. The petitioners seek bail in connection
with Gurua P.S. Case No. 02 of 2022 registered for
the offence punishable under Section 392 of the
Indian Penal Code.
3. Four unknown criminals intercepted
Patna High Court CR. MISC. No.77468 of 2025(3) dt.11-02-2026
2/2
the informant and on the point of pistol and looted
the mobile phone, cash, gold chain etc. The name
of the petitioners have transpired during
investigation in the self inculpatory statement of
coaccused. The petitioners are also accused in six
more similar and serious cases. The petitioners are
in custody since 07.12.2024.
4. Considering the nature of allegation
levelled against the petitioners, I am not inclined to
grant bail to the petitioners.
5. Accordingly, the application stands
dismissed.
3. It has been submitted by the learned counsel for the
State and the Informant that in the trial, out of 6 witnesses, 1
witness have already been examined.
4. In view of the fact that the trial is progressing, this
Court is not inclined to grant bail to the petitioner.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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