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Patna High Court

Vijay Paswan @ KarnversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing to grant bail to the petitioner.

Summary

Vijay Paswan, alleged Naxal, was arrested in connection with a 2020 case involving offences under IPC sections 399, 386, 411, 120B, 34 and Arms Act sections 25(1‑B)a, 26, 35. He is also implicated in three similar serious cases and has been in custody since May 5, 2023. The petitioner sought regular bail for the first time, which had been denied earlier, arguing that charges had not yet been framed. The court noted his alleged Naxal affiliation, the gravity of the offences, and his criminal antecedents, finding no justification to grant bail. Consequently, the bail application was dismissed and the lower court was directed to expedite trial and frame charges promptly.

Issues considered

  • Whether regular bail should be granted to an accused alleged to be a Naxal with serious offences pending
  • Whether the court can review its earlier order denying bail
  • Whether the absence of framed charges precludes granting bail

Legislation cited

Subjects

  • bail
  • Naxalism
  • IPC
  • Arms Act
  • criminal conspiracy
  • regular bail
  • charge framing
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9438 of 2026
                    Arising Out of PS. Case No.-237 Year-2020 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Vijay Paswan @ Karn Son of Late Bahadur Paswan Resident of Village-
                 Aura, PS- Tariyani, District- Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Meenapur P.S. Case No.

                   237 of 2020 registered for the offence under Sections 399, 386,

                   411, 120B/34 of the Indian Penal Code and Sections 25(1-

                   B)a/26/ 35 of the Arms Act. Earlier the bail application of the

                   petitioner was rejected vide order dated 13.05.2025 passed in

                   Cr. Misc. No. 12464 of 2025 which reads as under:-

                                                           Heard learned counsel for the
                                     petitioner and learned APP for the State.
                                              2. The petitioner seeks bail in connection with
                                     Minapur P.S. Case No. 237 if 2020 registered for the
                                     offence under Sections 399, 386, 411, 120B/34 of the
                                     Indian Penal Code.
                                              3. As per the prosecution case, the petitioner
                                     was caught while the naxals were preparing to
              Patna High Court CR. MISC. No.9438 of 2026(2) dt.16-02-2026
                                                          2/2




                                          commit a crime.
                                                  4. The petitioner is accused in 3 more cases of
                                          similar and serious nature and in custody since
                                          5.5.2023.
                                                  5. Considering the fact that the petitioner is a
                                          naxal and also considering the criminal antecedent of
                                          the petitioner, this Court is not inclined to grant bail
                                          to the petitioner.
                                                  6.      Accordingly, this application stands
                                          dismissed.


                                     3. It has been submitted by the learned counsel for the

                        petitioner that till now charges have not been framed.

                                     4. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     5. Accordingly, this application is dismissed again.

                                     6. Accordingly, this application is dismissed again

                        with direction to the concerned court below to expedite the trial

                        and frame the charges at the earliest.

                                     7. Let a copy of this order be communicated through

                        FAX or e-mail to the Principal District Judge, East Champaran

                        for its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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