Patna High Court
Amresh PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that the appellants are entitled to anticipatory bail and set aside the order rejecting their bail application.
Summary
The appellants, members of the Paswan family, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for alleged trespass, assault and caste‑based abuse against a landowner on 7 November 2023. Their application for anticipatory bail was rejected by the Special Judge. On appeal under Section 14A(2) of the SC/ST Act, the High Court examined the clean antecedent of the accused, the lack of specific allegations against most of them, the absence of an injury report, and the fact that co‑accused had previously been granted anticipatory bail in a similar case. The Court held that these factors warranted the grant of anticipatory bail, subject to conditions, and set aside the lower court’s order. Consequently, the appellants were ordered to be released on bail upon furnishing bond and sureties.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the SC/ST Act despite the serious nature of the offences alleged.
- Whether the general and omnibus allegations in the FIR suffice to deny anticipatory bail.
- Whether the absence of a specific injury report and specific charges against certain appellants affect the bail decision.
- Whether the precedent of anticipatory bail granted to co‑accused in a similar case is applicable.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 14A(2), 438(2), 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- trespass
- clean antecedent
- bail jurisprudence
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1392 of 2024
Arising Out of PS. Case No.-487 Year-2023 Thana- RAFIGANJ District- Aurangabad
======================================================
1. Amresh Paswan S/o Kailash Paswan R/o vill - Bajit Nima, P.s. - Rafiganj,
Distt. - Aurangabad (Bihar)
2. Upendra Paswan S/o Kailash Paswan R/o vill - Bajit Nima, P.s. - Rafiganj,
Distt. - Aurangabad (Bihar)
3. Shailesh Paswan S/o Kailash Paswan R/o vill - Bajit Nima, P.s. - Rafiganj,
Distt. - Aurangabad (Bihar)
4. Om Prakash Paswan S/o Vilash Paswan R/o vill - Bajit Nima, P.s. - Rafiganj,
Distt. - Aurangabad (Bihar)
5. Uday Paswan S/o Vilash Paswan R/o vill - Bajit Nima, P.s. - Rafiganj, Distt.
- Aurangabad (Bihar)
6. Kailash Paswan S/o Late Ananch Paswan @ Anahksha Ram R/o vill - Bajit
Nima, P.s. - Rafiganj, Distt. - Aurangabad (Bihar)
7. Ankit Paswan @ Ankit Kumar S/o Om Prakash Paswan R/o vill - Bajit
Nima, P.s. - Rafiganj, Distt. - Aurangabad (Bihar)
8. Amit Kumar S/o Om Prakash Paswan R/o vill - Bajit Nima, P.s. - Rafiganj,
Distt. - Aurangabad (Bihar)
... ... Appellant/s
Versus
1. The State of Bihar
2. Mohini Kumari S/o Suresh Paswan Ram R/o vill - Bajit Nima, P.s. -
Rafiganj, Distt. - Aurangabad (Bihar)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aman Vishal, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 13-02-2026 Heard learned counsel for the appellants and
learned Special Public Prosecutor appearing for the State.
Although the notice has been validly served upon respondent
No.2, there is no representation on his behalf.
2. This appeal under Section 14A(2) of the
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Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
20.02.2024 passed in A.B.P. No.345 of 2024 by learned Special
Judge (SC/ST)-cum- 1st Additional District and Sessions Judge,
Aurangabad, in connection with Rafiganj P.S. Case No. 487 of
2023 registered under Sections 147, 148, 149, 341, 323, 307,
379, 504 and 506 of the I.P.C read with Section 3(1)(r)(s) and
3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, whereby the prayer for
grant of anticipatory bail of the appellants has been rejected.
3. As per the prosecution case, on 07.11.2023 at
around 12:00 noon, all the five named accused persons,
including these appellants along with 20–30 unidentified
individuals, unlawfully assembled and trespassed upon the plot
of land owned and possessed by the informant with the intention
of forcibly taking over its possession. When the informant
raised objection to such illegal act, she and others were
allegedly assaulted by the accused persons. During the course of
the assault, co-accused Raj Kumar Sao is alleged to have
forcefully slammed one Hiramani Devi onto the ground and also
abused by caste name, in the meantime, Amresh Paswan
(appellant no. 1) and Ankit Paswan (appellant no. 7) assaulted
Patna High Court CR. APP (SJ) No.1392 of 2024(5) dt.13-02-2026
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by means of iron rod upon Hiramani Devi due to which she
sustained injuries. Thereafter, Shailesh Paswan (appellant no. 3)
took away gold ornaments from informant.
4. Learned counsel appearing for the appellants
submits that the appellants bear clean antecedent and are
innocent. He further submits that it appears from the F.I.R. itself
that there is general and omnibus allegation against all the
appellants. It is next submitted that there is no specific
allegation of assault against the appellant nos. 2, 3, 4, 5, 6 and 8.
Although appellant nos. 1 and 7 are stated to have specifically
assaulted Hiramani Devi but no injury report has been brought
on record to substantiate the alleged injuries. It is also submitted
that the appellant side has filed an FIR bearing Rafiganj P.S.
Case No. 484 of 2023 and it is submitted at bar that appellant
no. 1, namely, Amresh Paswan has received gun shot injury and
in retaliation of the same the present FIR has been lodged.
Moreover, the co-accused, namely, Lallu Paswan and Mahendra
Paswan have already been granted the privilege of anticipatory
bail by co-ordinate Bench of this Court in Cr. Appeal (S.J.) No.
1271 of 2024 vide order dated 12.12.2025 and the case of the
appellants is similar to that of the aforesaid co-accused.
5. It has further been submitted that as regards
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allegation of abuse with the caste name attracting the rigours of
SC & ST Act is concerned, it is not committed in a public place
nor any person has been named to be present at the place of
occurrence when the alleged offence of abuse was being
committed. He further submits that no case, as alleged in the
F.I.R, attracting rigours of SC & ST Act, is made out against the
appellants. Hence, the impugned order may be set aside and the
appellants may be granted the privilege of anticipatory bail.
6. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellants.
7. Considering the entire facts and circumstances of
the case and also the fact that the appellants bear clean
antecedent coupled with the fact that the co-accused persons
have already been granted the privilege of anticipatory bail by a
Co-ordinate Bench of this Court, let the above named
appellants, in the event of their arrest/surrender within a period
of six weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge
(SC/ST)-cum- 1st Additional District and Sessions Judge,
Aurangabad, in connection with Rafiganj P.S. Case No. 487 of
Patna High Court CR. APP (SJ) No.1392 of 2024(5) dt.13-02-2026
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2023, subject to the conditions laid down under Section 482(2)
of the B.N.S.S/Section 438(2) of the Cr.P.C.
8. Accordingly, this appeal is allowed and the
impugned order dated 20.02.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
Jyoti/-
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