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Patna High Court

Pawan Kumar @ Pawan Bhagat @ Pavan MalakarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U


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