Patna High Court
Upendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted as the trial had progressed substantially and the earlier bail application had been rejected on merits.
Summary
The petitioner, Upendra Paswan, was charged in a Sessions trial for offences under Sections 363, 365, 302 and 120B of the Indian Penal Code relating to the disappearance and alleged murder of the informant's son. He applied for regular bail, having been in custody since July 2023, but his earlier bail application had been rejected. The prosecution argued that the investigation was complete and the defence had examined only one of its thirteen witnesses. The trial court report indicated that prosecution evidence was closed and the case was scheduled for a Section 313 statement. The High Court, noting the lack of material linking the petitioner to the crime, the prior rejection of bail, and the substantial progress of the trial, declined to grant bail and ordered the trial court to expedite the proceedings.
Issues considered
- Whether the petitioner is entitled to regular bail at this stage of the trial despite the seriousness of the offences and prior bail rejection.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 120B, 302, 363, 365
Subjects
- bail
- criminal procedure
- IPC
- Section 313 CrPC
- trial expeditious
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89335 of 2025
Arising Out of PS. Case No.-238 Year-2023 Thana- GORAUL District- Vaishali
======================================================
Upendra Paswan S/o- Late Kant Lal Paswan R/v- Bishunpur Arra P.S.- Goraul
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritwik Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-02-2026 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.664 of
2023, arising out of Goraul P.S. Case no.238 of 2023 registered
under sections 363 and 365 of the Indian Penal Code to which
sections 302 and 120B of the Indian Penal Code was added
subsequently.
3. As per the prosecution case, the son of the
informant who had gone to attend school did not return and was
not to be found inspite of search.
4. Learned counsel for the petitioner submits that
the prayer for bail of the petitioner was earlier rejected vide
order dated 10.7.2024 passed in Cr. Misc. no.14077 of 2024.
Patna High Court CR. MISC. No.89335 of 2025(3) dt.24-02-2026
2/3
The FIR was registered against unknown and there is no direct
or indirect material in the case diary to connect the petitioner
with the alleged crime. The petitioner has no criminal
antecedent and is in custody since 13.7.2023. He undertakes to
cooperate in the trial.
5. The application for bail is opposed by learned A.P.P.
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the examination of
prosecution witnesses is over and as per instructions received,
out of the thirteen defence witnesses, the defence has examined
only one witness.
6. A report was called for from the learned trial Court.
As per the report received contained in letter dated 19.1.2026 of
the District and Additional Sessions Judge VII, Vaishali at
Hajipur, the examination of prosecution witness is closed and
the case is fixed for statement under section 313 Cr.P.C..
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the case of
the petitioner having been considered and rejected on merits on
the earlier occasion, the substantial progress in the trial in the
learned trial Court wherein after conclusion of the evidence on
behalf of the prosecution, the case is fixed for recording the
Patna High Court CR. MISC. No.89335 of 2025(3) dt.24-02-2026
3/3
statement under section 313 of the Cr.P.C., the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
8. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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