Patna High Court
Vijay Paswan @ VijayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 394
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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