Patna High Court
Kashi Paswan @ Mukesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was rejected.
Summary
The petitioner, Kashi Paswan, applied for regular bail in a Sessions trial concerning charges under Sections 302, 201 and 34 of the Indian Penal Code for the alleged murder of an informant's son. The prosecution alleged that the petitioner, along with another accused, lured the son, who was later found dead with a severed head. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the only basis for the charge was a 'last seen' allegation. The Court noted that the petitioner had been at large for about 13 years before being arrested in July 2025, and considered the seriousness of the offence and the gruesome nature of the evidence. Consequently, the Court refused to grant bail, directing the trial court to expedite the trial and allowing the petitioner to renew the bail prayer after six months.
Issues considered
- Whether regular bail should be granted to an accused of murder and related offences under Sections 302, 201 and 34 IPC given the seriousness of the crime and the petitioner’s long period of abscondence.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- regular bail
- murder
- IPC
- Section 302
- Section 201
- Section 34
- abscondence
- serious offence
- trial expeditement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87737 of 2025
Arising Out of PS. Case No.-22 Year-2012 Thana- KORMA District- Sheikhpura
======================================================
Kashi Paswan @ Mukesh Paswan S/O Bhaso paswan R/o - Chande, P.S-
Korma,Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.189 of
2025, arising out of Korma P.S. Case no.22 of 2012, registered
under sections 302, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states
that on being called by the two accused persons including the
petitioner herein, her son accompanied them and thereafter did
not return. Two days later, his dead body was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No material
has transpired in course of investigation to connect the
petitioner with the alleged crime. At best the allegation against
the petitioner is one of last seen. The petitioner is in custody
since 22.7.2025 and undertakes to cooperate in the
Patna High Court CR. MISC. No.87737 of 2025(3) dt.20-02-2026
2/2
investigation. He has no criminal antecedent and charge has
been framed in the learned trial Court.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the FIR and the
material that has transpired in course of investigation, it
transpires that in a case of the year 2012, the petitioner
absconded for about 13 years and he was taken into custody
only on 22.7.2025. Taking into consideration the facts and
circumstances of the case, the material that has transpired in
course of investigation including the dead body of the son of the
informant having been recovered with the severed head, the
Court is not inclined to enlarge the petitioner on bail for the
present and the application is rejected.
7. Learned trial Court is directed to expedite the trial.
8. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
Shiv/-
U T
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