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Patna High Court

Vijay Paswan @ VijayversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the offences and the petitioner’s status as an absconder preclude the grant of regular bail.

Summary

Vijay Paswan was charged under IPC sections 394 and 302 and Arms Act section 27 for allegedly murdering an informant's husband. He had been in custody since 18 June 2024 and was an absconder, with charges not yet framed. The petitioner sought regular bail, which was previously denied and again sought in this application. The court noted the seriousness of the offences and his absconding status, finding no merit to grant bail. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial and frame charges promptly.

Issues considered

  • Whether regular bail should be granted to an accused of murder, dacoity and illegal arms possession who is an absconder and whose charges have not yet been framed.

Legislation cited

Subjects

  • bail
  • murder
  • dacoity
  • illegal arms
  • absconder
  • charge framing
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9478 of 2026
                    Arising Out of PS. Case No.-37 Year-2011 Thana- CHERIYA BARIYARPUR District-
                                                         Begusarai
                 ======================================================
                 Vijay Paswan @ Vijay S/o Bunilal Paswan @ Munna Paswan @ Munni
                 Paswan @ Munilal Paswan R/o vill - Peernagar @ Pernagar, P.s.- Nawkothi,
                 Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr.Md. Aslam Ansari, 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 Cheriya Bariyarpur P.S. Case

                   No. 37 of 2011 registered for the offence under Sections 394,

                   302 of the Indian Penal Code and Section 27 of the Arms Act.

                   Earlier the bail application of the petitioner was rejected vide

                   order dated 16.04.2025 passed in Cr. Misc. No. 16682 of 2025

                   which reads as under:-

                                                Heard learned counsel for the petitioner and
                                   learned Additional Public Prosecutor appearing on
                                   behalf of the State.
                                               2. This application for grant of regular
                                   bail arises out of Bariyarpur P.S. Case No.37 of 2011
                                   registered for the offence punishable under sections 394
                                   and 302 of the Indian Penal Code and under section 27 of
                                   the Arms Act.
                                               3 . The     petitioner   is    accused     of
              Patna High Court CR. MISC. No.9478 of 2026(2) dt.16-02-2026
                                                          2/2




                                        committing murder of the husband of the informant.
                                                   4. The name of the petitioner has come on the
                                        confessional     statement      of     co-accused.     The
                                        petitioner was an absconder in this case, which is
                                        registered in the year 2011. He is in custody since
                                        18.06.2024.
                                                   5. Considering the seriousness of the
                                        offence and the fact that the petitioner was an
                                        absconder, I am not inclined to grant bail to the
                                        petitioner. Accordingly,       this    bail application is
                                        rejected. The trial court is directed to expedite the trial
                                        and conclude the same at the earliest.

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

                        petitioner that petitioner is in custody since 18.06.2024 and 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.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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