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Patna High Court

Dilip Paswan @ Deelip PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.

Summary

Dilip Paswan, husband of the deceased, was charged under IPC sections 302, 201 and 34 for murder and related offences. He has been in judicial custody since 15 October 2021 and filed a bail application claiming a clean antecedent and a right to a speedy trial. The prosecution opposed bail, but the trial record showed that only two of nine charge‑sheeted witnesses had been examined, indicating a substantial delay. Relying on the Supreme Court’s decision in Pradeep Kumar @ Banu v. State of Punjab, the court considered the delay and the petitioner’s circumstances. The High Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, while expressly stating that it was not passing on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences (IPC 302, 201, 34).
  • Whether the delay in trial and limited examination of witnesses justify granting bail under the right to a speedy trial.

Legislation cited

Subjects

  • bail
  • speedy trial
  • murder
  • IPC
  • trial delay
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91647 of 2025

                      Arising Out of PS. Case No.-222 Year-2021 Thana- BAHERA District- Darbhanga

                 ======================================================
                 Dilip Paswan @ Deelip Paswan Son of Shibu Paswan R/o - Antor, P.S. -
                 Bahera, District – Darbhanga(Bihar).

                                                                                    ... ... Petitioner
                                                        Versus
                 The State of Bihar
                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :         Mr. Shyam Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   31-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner seeks bail in connection with

                   Bahera P.S. Case No.222 of 2021 registered for the offence

                   under sections 302, 201 and 34 of the Indian Penal Code.

                                   3.         The petitioner is the husband of the

                   deceased. He along with others is said to have killed the

                   deceased.

                                   4.         The    petitioner     is    in     custody      since

                   15.10.2021. He claims clean antecedent.

                                   5.         Learned counsel for the petitioner submits

                   that the petitioner is innocent and he is rooting in jail since

                   15.10.2021. He further submits that the petitioner has a right of
Patna High Court CR. MISC. No.91647 of 2025(4) dt.31-03-2026
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          speedy trial. In support of this submission, learned counsel for

          the petitioner has relied upon a decision of the Hon’ble Supreme

          Court rendered in the case of Pradeep Kumar @ Banu vs. State

          of Punjab (Criminal Appeal No.1341 of 2026, arising out of

          S.L.P. (Crl.) No.18775 of 2025).

                          6.      Learned APP for the State has opposed the

          prayer of the petitioner for grant of bail.

                          7.      From the report of the trial Judge, it appears

          that out of nine charge-sheeted witnesses, only two witnesses

          have been examined.

                          8.      Considering the period of custody of the

          petitioner, which is from 15.10.2021, delay in trial and the law

          laid down by the Hon’ble Supreme Court in the case of Pradeep

          Kumar @ Banu (supra), this bail application is allowed.

                          9.      Let the petitioner, above named, be released

          on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Additional Sessions Judge, 1st, Benipur, Darbhanga /

          concerned Court below, in connection with Bahera P.S. Case

          No.222 of 2021.

                          10.     It is clarified that this Court has not

          expressed any opinion on the merits of the case and the
              Patna High Court CR. MISC. No.91647 of 2025(4) dt.31-03-2026
                                                          3/3




                        observations made by this Court is only for the purpose of

                        deciding this bail application.


                                                                       (Sandeep Kumar, J)
pawan/-

U         T


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