Patna High Court
Pawan Kumar @ Pawan Bhagat @ Pavan MalakarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the appeal and granted bail, setting aside the Special Judge’s order denying bail.
Summary
The appellant, Pawan Kumar, was charged with assaulting an informant and her family using an iron rod and making caste-based slurs, under multiple sections of the Bihar Non‑Applicable (BNS) statutes and the SC/ST (Prevention of Atrocities) Act. He applied for bail, which was denied by the Special Judge of the Exclusive SC/ST (POA) Court, Gaya. The appellant appealed the denial, claiming innocence and false implication. The High Court, after hearing counsel for both parties and the informant, considered the nature of the allegations and the facts of the case. It set aside the lower court’s order and granted bail on the condition of a Rs.10,000 bond with two sureties. Consequently, the appellant was ordered to be released on bail pending trial.
Issues considered
- Whether bail should be granted to the appellant despite the serious nature of the offences alleged under the BNS statutes and the SC/ST (POA) Act.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- assault
- caste violence
- SC/ST (POA) Act
- criminal appeal
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1217 of 2026
Arising Out of PS. Case No.-749 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Pawan Kumar @ Pawan Bhagat @ Pavan Malakar S/O Kesho Bhagat R/V-
Diha Bazar , P.S- Belaganj,Dist- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sunita Devi W/O Sanjeet Paswan R/V- Diha Bazar , P.S- Belaganj,Dist-
Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Kumar
For the Respondent/s : Mr.Sadanand Paswan
For the Informant : Mr. Surya Narayan Sah
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-04-2026 Heard the parties including the learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 17.02.2026 passed by the learned Special
Judge, Exclusive SC/ST (POA) Court, Gaya Ji whereby the bail
application of the appellant in connection with CIS No. Bail
Appl. Spl. Act 310 of 2026 arising out of Belaganj P.S. Case
No. 749 of 2025 registered for the offence under Sections
126(2), 115(2), 118(1), 109, 74, 351(2), 352 and 3(5) of the
BNS and under Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Act,
was rejected.
3. The appellant and others are said to have assaulted
Patna High Court CR. APP (SJ) No.1217 of 2026(2) dt.23-04-2026
2/2
the informant and her family members by iron rod and have
abused by taking caste name.
4. The appellant is in custody since 15.01.2026.
5. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case.
6. Learned Special P.P. for the State and informant
have vehemently opposed the prayer for grant of bail to the
appellant.
7. Considering the facts of the case and also
considering the nature of allegation levelled against the
appellant, this application is allowed and accordingly, the order
dated 17.02.2026, is hereby set aside.
8. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with CIS No. Bail
Appl. Spl. Act 310 of 2026 arising out of Belaganj P.S. Case No.
749 of 2025.
(Sandeep Kumar, J)
Vikas/-
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