Dismissed¶25

Santosh Paswan v. The State of Bihar

Bail – Regular bail rejected

Patna HC4 Jul 2025CR. MISC./33218/2025

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What is this about?

Patna High Court; Cr. Misc. No.33218 of 2025; Santosh Paswan v. The State of Bihar; regular bail rejected; PS Case No.-2 Year-2023, P.S. Rahui, Nalanda; Sections 147, 149, 323, 307, 302, 504, 506 IPC and Section 27 Arms Act; custody since 15.02.2023; earlier bail rejection dated 19.04.2024 (Cr. Misc.28943 of 2024); nine chargesheet witnesses examined; IO and three victims pending; trial to be concluded within three months; direction to Trial Court; Judge Ramesh Chand Malviya; order dated 04-07-2025.

What did the court decide?

With nine chargesheet witnesses already examined and the present Investigating Officer and three victims yet to be examined, the trial being likely to conclude within three months, the Court was not inclined to grant regular bail to the petitioner. ¶24

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33218 of 2025

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Arising Out of PS. Case No.-2 Year-2023 Thana- RAHUI District- Nalanda

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======================================================

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Santosh Paswan S/o Ramavtar Paswan R/o Village- Chandaura, P.S.- Rahui (Wena), District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. N A Shamsi, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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4 04-07-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Earlier the prayer for regular bail of the petitioner was rejected by this Court vide order dated 19.04.2024 passed in Cr. Misc.28943 of 2024.

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Petitioner is in custody in a case registered for an offence punishable under Sections147, 149, 323, 307, 302, 504 and 506 of the IPC and Section 27 of the Arms Act.

¶17

As per the prosecution case, As per the prosecution case, all the FIR named accused persons holding lathi and danda came to CSP Center situated in the informant's house and started abusing Deelip Kumar. On being protested by the informant, the co-accused Ram Avtar Paswan assaulted on the head of the

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Patna High Court CR. MISC. No.33218 of 2025(4) dt.04-07-2025 2/3

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informant with lathi. When the informant's wife came to rescue, the co-accused Santosh Kumar and Vashist Kumar started assaulting her and Santosh Kumar assaulted on the head of his daughter aged about 5 months with lathi and his daughter became unconscious. On halla, the informant's brother and Bhabhi came to rescue, she was assaulted by the co-accused Raghvendra Kumar causing broken injuries on their head and hand. It is further alleged that Rekha Devi, Maya Devi and the petitioner Omkar Paswan started pelting bricks and stones on Sarmila Devi causing injury on her left hand. Accused Santosh Paswan fled away opening fire.

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner and informant are gotiya and there is a dispute of partition of ancestral property between them. He next submits that petitioner is in custody since 15.02.2023 and has got one criminal antecedent as stated in para-03 of the bail petition but fairly submits that he is on bail on that case.

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Learned APP for the State opposes the prayer for bail of the petitioner.

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From perusal of the report send by learned District

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Patna High Court CR. MISC. No.33218 of 2025(4) dt.04-07-2025 3/3

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& Additional Sessions Judge-XIII, Nalanda at Biharsharif vide letter no.28 of 2025 dated 24.05.2025, it appears that total nine chargesheet witnesses have been examined and prosecution has filed an application to examine three victims of the incident, who are not named in chargesheet. It further appears that present Investigating Officer and three victims are yet to be examined for which summon has already been issued to Investigating Officer and the case is likely to be concluded within three months, considering which, I am not inclined to grant regular bail to the petitioner.

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Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

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However, learned Trial Court is directed to conclude the trial within three months as stated in the report.

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(Ramesh Chand Malviya, J)

¶28

Harshita/-

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U T

Santosh Paswan v. The State of Bihar

Case brief

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Santosh Paswan v. The State of Bihar

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