Patna High Court
Shiva Paswan @ Shivam PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted as the court found the offences grave and the trial sufficiently progressed.
Summary
Shiva Paswan was charged under Sections 147, 148, 341, 323, 324, 504, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act. He filed a second bail application after an earlier denial. The court noted that five witnesses had already been examined and that remaining witnesses, including official ones, were scheduled to appear. Considering the seriousness of the offences and the fact that the trial was already underway, the judge declined to revisit the earlier order. Consequently, the bail application was dismissed, and the Superintendent of Police was directed to ensure the appearance of the remaining witnesses to avoid further delay.
Issues considered
- Whether bail should be granted in view of the gravity of the offences and the progress of the trial
- Whether the examination of witnesses to date justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 307, 323, 324, 341, 379, 504
Subjects
- bail
- criminal procedure
- IPC offences
- Arms Act
- trial progress
- witness examination
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87482 of 2024
Arising Out of PS. Case No.-181 Year-2023 Thana- BALIYA District- Begusarai
======================================================
Shiva Paswan @ Shivam Paswan S/o Suresh Paswan @ Gopal Paswan
Resident of Village- Chhoti Ballia, Akhtiyarpur Ward No 14, PS- Ballia,
District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Devi W/O Manoj Paswan R/O Chhoti Baliya Akhtiyarpir Ward no. 14
P.S. Baliya Dist Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt on behalf of the petitioner
for grant of bail in connection with S.T. Case No.300 of 2024,
arising out of Ballia P.S. Case No.181 of 2023, registered for the
offence under Sections 147, 148, 341, 323, 324, 504, 307, 379
of the I.P.C. and section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has been
rejected vide order dated 21.06.2024 passed in Cr. Misc.
No.30915 of 2024.
4. Learned counsel for the petitioner submits that from
the report of the Trial Court it appears that five witnesses have
Patna High Court CR. MISC. No.87482 of 2024(6) dt.09-02-2026
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been examined till date.
5. Mr. Roop Kishan, learned Counsel for the
informant submits that remaining witnesses will be examined on
the date fixed. From the report it appears that out of remaining
witnesses, there are some official witnesses also.
6. Considering the gravity of the offence and the fact
that the trial has progressed, I am not inclined to review my
earlier order.
7. Accordingly, the application stands dismissed.
8. The Superintendent of Police, Begusarai is directed
to ensure the appearance of the remaining witnesses in the trial
and the informant is also directed to produce the private
witnesses, so that the trial is not delayed.
9. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai forthwith through FAX or
E-mail for its compliance.
(Sandeep Kumar, J)
mdrashid/-
U T
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