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Patna High CourtCR. MISC./30189/2025allowed

Vijay Paswan @ Vijay Kumar v. The State Of Bihar

2025-08-29Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30189 of 2025 Arising Out of PS. Case No.-17 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Vijay Paswan @ Vijay Kumar S/O Jailal Paswan R/O Village- Prataptan, Ward No. 6, P.S- Bhagwanpur, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.K. Lal, Sr. Advocate Mr. Satish Kumar Sinha For the Opposite Party/s :

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2025 Heard learned senior counsel for the petitioner and the learned A.P.P. for the State.

2. This is the second regular bail application filed on behalf of the petitioner in connection with Bhagwanpur P.S. Case No. 17 of 2023. Earlier, the bail application of petitioner was rejected vide order dated 06.09.2024 passed in Cr. Misc. No. 11882 of 2024.

3. Learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2023. He has no criminal antecedent and he is entitled to get bail on the ground of delay as the accused has a right to speedy trial which flows from Article 21 of the Constitution of India. The trial gets unduly

Patna High Court CR. MISC. No.30189 of 2025(3) dt.29-08-2025 2/3 delayed without any fault of the petitioner. The petitioner undertakes to cooperate in the trial.

4. The Trial Court Report dated 02.08.2025 reveals that charges have been framed on 29.05.2024 and in spite of several directions including summon, B.W. and N.B.W., prosecution has not produced even a single witness up till now.

5. Learned A.P.P. for the State opposed the bail application.

6. Considering the period of custody and slow progress of trial which is not likely to be completed soon, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Vaishali at Hajipur in connection with Bhagwanpur P. S. Case No. 17 of 2023 with further following conditions that:- (i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,

Patna High Court CR. MISC. No.30189 of 2025(3) dt.29-08-2025 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bond.

(Sunil Dutta Mishra, J) utkarsh/- U T