Naresh Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Naresh Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) to the satisfaction of Additional District & Sessions Judge-VI, Barh, Patna, in connection with Sessions Trial No. 1351 of 2024 arising out of Bakhtiyarpur P.S. Case No. 293 of 2024, subject to the conditions laid down under Section 480(3) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, who is in custody since 29.05.2024 and whose earlier bail prayer was rejected on 01.10.2024 with liberty to renew after framing of charge, should be granted regular bail in Sessions Trial No. 1351 of 2024 arising out of Bakhtiyarpur P.S. Case No. 293 of 2024.

Court's answer

Only one witness remains to be examined in the trial and no purpose would be solved by keeping the petitioner in custody; accordingly regular bail is granted.

Ratio / Principle

Bail granted on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) to the satisfaction of Additional District & Sessions Judge-VI, Barh, Patna in connection with Sessions Trial No. 1351 of 2024, subject to the conditions laid down under Section 480(3) of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

Patna High Court, by oral order dated 10-10-2025 (Dr. Anshuman, J), granted regular bail to Naresh Paswan in Sessions Trial No. 1351 of 2024 (Bakhtiyarpur P.S. Case No. 293 of 2024, lodged 27.05.2024; offences under Sections 147, 148, 149, 341, 323 & 307 IPC read with section 27 of the Arms Act). His earlier bail prayer had been rejected on 01.10.2024 in Cr. Misc. No. 68745 of 2024 with liberty to renew three months after framing of charge; charge was framed on 07.12.2024 and he has been in custody since 29.05.2024. On the report of trial-stage progress showing three of four charge-sheet witnesses examined and only the I.O. left (summons issued), the Court held that no purpose would be solved by further custody and released him on a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) to the satisfaction of Additional District & Sessions Judge-VI, Barh, Patna, subject to the conditions in Section 480(3) of the B.N.S.S., 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29508 of 2025

Arising Out of PS. Case No.-293 Year-2024 Thana- BAKHTIYARPUR District- Patna

====================================================== Naresh Paswan S/o Late Kailash Paswan R/o Village- Saraiya, P.S.Bakhtiyarpur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Anjana, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

6 10-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No.1351 of 2024 arising out of Bakhtiyarpur P.S. Case No. 293 of 2024 lodged on 27.05.2024, for the offence punishable under Sections 147, 148, 149, 341, 323 & 307 of the Indian Penal Code read with section 27 of the Arms Act.

Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 01.10.2024 passed in Cr. Misc. No. 68745 of 2024 with liberty granted to the petitioner to renew his prayer for bail three

Patna High Court CR. MISC. No.29508 of 2025(6) dt.10-10-2025 2/3

months after framing of charge. Counsel submits that charge has already been framed in this case on 07.12.2024 and thereafter, petitioner moved before this Hon’ble Court for regular bail. Counsel submits that the petitioner is in custody since 29.05.2024 and on previous occasion, a report with regard to the present stage of the trial has been called for.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is an allegation against the petitioner that he has fired a gun shot to the victim due to which he injured. Counsel submits that on previous occasion, a report with regard to the present stage of the trial has been called for from which it transpires that out of four charge sheet witnesses, three witnesses have been examined and one witness i.e. the I.O of the case is yet to be examined. The summons have been issued for examination of the said witness.

It transpires to this Court that only one witness is yet to be examined in this case and no purpose would be solved keeping the petitioner in custody, therefore, let the above named petitioner be granted bail on furnishing bail bond of Rs.30,000/(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S. , 2023 to the satisfaction of Additional District & Sessions Judge-VI, Barh, Patna in connection with Sessions

Patna High Court CR. MISC. No.29508 of 2025(6) dt.10-10-2025 3/3

Trial No.1351 of 2024 arising out of Bakhtiyarpur P.S. Case No. 293 of 2024, subject to the conditions as laid down U/s 480(3) of the B.N.S.S. , 2023.

(Dr. Anshuman, J)

Divyansh/-

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