Patna High Court
Dilip Paswan @ Deelip PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 201, 302, 34
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
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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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