Patna High Court

Santosh PaswanversusThe State of Bihar

Decided: 1 May 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The bail application was dismissed, directing the trial court to adhere to its undertaking to deliver judgment in May 2026.

Summary

Santosh Paswan, who is in custody for offences under Sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code, applied for bail. The trial court had informed the High Court that it would deliver its judgment in May 2026. The High Court noted this undertaking and held that the bail application could not be entertained while the trial court had committed to a timely judgment. Consequently, the bail plea was rejected and the trial court was directed to honour its promise to deliver the judgment within the stipulated month. The order reflects the court’s view that the petitioner must remain in custody until the trial court’s decision is rendered.

Issues considered

Whether bail can be granted to the petitioner while the trial is pending and the trial court has undertaken to deliver judgment in May 2026

Legislation cited

Indian Penal Code — s. 147, 148, 149, 302, 307, 323

Subjects

bail
criminal procedure
Indian Penal Code
trial delay
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83408 of 2025
                    Arising Out of PS. Case No.-100 Year-2018 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Santosh Paswan S/O Late Jagmohan Paswan R/O Vill.- Pahrama, P.S-
                 Aurangabad Muffasil, Dist- Aurangabad (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar Singh
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   01-05-2026                  Heard the parties.

                                2. The petitioner is in custody in connection with

                   Aurangabad P.S. Case No. 100 of 2018, Sessions Trial No.

                   508/18/730/2024 for the offence punishable under Sections 147,

                   148, 149, 323, 307 and section 302 lodged on 09.06.2018 by the

                   informant, Binesh Yadav.

                                3. Earlier, the trial court report was called for. It has

                   come and as per the letter no. 143 dated 13.04.2026 the case is

                   pending for Judgment and it has been recorded that the

                   judgment would be delivered in the month of May, 2026.

                                4. In view of the fact that an undertaking has been

                   given by the trial court that the judgment would be delivered in

                   the month of May, 2026 itself, the bail application stands

                   rejected.
            Patna High Court CR. MISC. No.83408 of 2025(6) dt.01-05-2026
                                                        2/2




                                   5. The trial court is directed to abide by the

                      undertaking given in its letter no. 143 dated 13.04.2026.



                                                     (Rajiv Roy, J)
Ranjeet/-

U      T

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