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Patna High Court

Raju Paswan @ Raju KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the offence and the pendency of trial preclude granting bail.

Summary

The petitioner, Raju Paswan, applied for bail in a case registered under Section 392 of the Indian Penal Code for robbery. The High Court had earlier rejected his bail application on 7 May 2025, noting his alleged involvement in six similar serious cases and his custody since 7 December 2024. The petitioner argued that the trial had commenced and only one witness had been examined, seeking relief. The Court considered the gravity of the offence, the fact that the trial was underway, and the multiple accusations against the petitioner. Consequently, the Court affirmed its earlier order and dismissed the second bail application.

Issues considered

  • Whether bail can be granted to an accused of robbery under Section 392 IPC when the trial has commenced and the accused is implicated in multiple serious cases.

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • pre‑trial detention
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80657 of 2025
                          Arising Out of PS. Case No.-2 Year-2022 Thana- GURUA District- Gaya
                 ======================================================
                 Raju Paswan @ Raju Kumar son of Kamal Paswan Resident Of Village-
                 Kamaldah Ps -Paraiya Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Aryan Singh, Advocate
                 For the State           :        Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of 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. Earlier the bail application of the petitioner has

                   been 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
                                  the informant and on the point of pistol and
                                  looted the mobile phone, cash, gold chain etc.
           Patna High Court CR. MISC. No.80657 of 2025(2) dt.09-02-2026
                                                       2/2




                                   The name of the petitioners have transpired
                                   during investigation in the self inculpatory
                                   statement of co-accused. 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.”

                                  4. Learned counsel for the petitioner submits that the

                     trial has started and one witness has been examined.

                                  5. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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