Shiv Shankar Paswan @ Bantha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9737 of 2025 Arising Out of PS. Case No.-59 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Shiv Shankar Paswan @ Bantha S/o- Upendra Paswan Resident Of VillageJirwara, Ps- Mahua, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No.87 of 2024 arising out of Mahua P.S. Case No. 59 of 2023 lodged on 04.02.2023, for the offence punishable under Sections 341, 323, 324, 326, 307, 302 & 34 of the Indian Penal Code.
3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected twice vide orders dated 20.12.2023 & 05.07.2024 passed in Cr. Misc. Nos. 54709 of 2023 & 29222 of 2024. Counsel submits that
Patna High Court CR. MISC. No.9737 of 2025(3) dt.09-05-2025 2/3 petitioner is in custody since 05.02.2023 having clean antecedent. Counsel submits that charges have been framed on 03.02.2024.
4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on earlier occasion, report with regard to the present stage of the trial has been called for and from the said report, it transpires that out of eight prosecution witnesses, one witness has been examined and she has supported the case of prosecution. Counsel submits that charges have been framed on 03.02.2024 and witnesses are not coming for evidence.
5. In this view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
6. Superintendent of Police, Vaishali is hereby directed to assure the appearance of the witnesses for adducing evidence in connection with Sessions Trial No.87 of 2024 arising out of Mahua P.S. Case No. 59 of 2023 by directing the concerned S.H.O./I.O. of this case within three months due to the reason that speedy trial is the constitutional vision of justice.
7. Registry is directed to transmit a copy of this order to the Superintendent of Police, Vaishali through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a
Patna High Court CR. MISC. No.9737 of 2025(3) dt.09-05-2025 3/3 copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, Vaishali at his level.
(Dr. Anshuman, J) Divyansh/- U T