Patna High Court
Bachu Paswan @ Kameshwar Paswan @ Kamesar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The High Court held that anticipatory bail should be granted, setting aside the lower court's refusal.
Summary
The appellants, four Paswan villagers, were charged with assaulting an informant and his family with an iron rod, causing injury, under several sections of the Bihar Non-Compulsory Statutes and the SC/ST (Prevention of Atrocities) Act. They contended that the allegations were false, stemming from a land dispute and village politics, and argued that, being members of a Scheduled Caste, the SC/ST Act could not be invoked against them. The Exclusive SC/ST (POA) Court had refused their prayer for anticipatory bail under Section 14(A)(2). On appeal, the Patna High Court examined whether anticipatory bail under Section 438 of the CrPC was appropriate and whether the SC/ST Act applied. Finding no grievous injury and noting the inapplicability of the SC/ST provisions to the accused, the Court set aside the lower court order and granted anticipatory bail with conditions. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case involving alleged assault under the Bihar statutes and the SC/ST (POA) Act.
- Whether the SC/ST (POA) Act is applicable when the accused belong to a Scheduled Caste.
- Whether the nature of the alleged assault justifies denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(V)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- assault
- land dispute
- scheduled caste
- Criminal Procedure Code
- bail jurisdiction
- political vendetta
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.161 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- FATEHPUR District- Gaya
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1. Bachu Paswan @ Kameshwar Paswan @ Kamesar Paswan S/o Deonandan
Paswan R/o Village -Jamheta, P.S.- Fatehpur, District -Gaya
2. Bhagwan Paswan S/o Deonandan Paswan R/o Village -Jamheta, P.S.-
Fatehpur, District -Gaya
3. Karan Paswan @ Karan Kumar S/o Gandhi Paswan @ Ramkhelawan
Paswan R/o Village -Jamheta, P.S.- Fatehpur, District -Gaya
4. Gandhi Paswan @ Ramkehlawan Paswan S/o Deonandan Paswan R/o
Village -Jamheta, P.S.- Fatehpur, District -Gaya
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pushp Raj Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 16-04-2026 Heard learned counsel for the appellants and learned
Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated 17-12-
2025 passed by the Exclusive SC/ST (POA) Court, Gaya Ji in
connection with Fatehpur P.S. Case No. 597 of 2025 registered
under Sections 126(2), 115(2), 190, 191(2), 117(2), 109, 352 of
B.N.S. as well as Sections- 3(1)(r), 3(1)(s), 3(2)(V) of SC/ST
(POA) Act.
3. As per prosecution case, on 16-08-2025, the
Patna High Court CR. APP (SJ) No.161 of 2026(3) dt.16-04-2026
2/3
appellants alongwith others came at the house of the informant
and started abusing him as well as his family members and on
protest made by the informant, the appellants are said to have
assaulted him with iron rod, as a result of which, the informant
sustained injury. During course of occurrence, the informant’s
family members are also said to have been assaulted.
4. Learned counsel for the appellants has submitted
that the appellants are innocent and they have falsely been
implicated in this case due to dirty village politics. The
occurrence, whatsoever has not taken place in a public view.
There is no specific allegation against the appellants rather
general and omnibus allegation has been made against them.
There is land dispute between the parties.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant based
upon the allegation made in the F.I.R.
6. It is not in dispute that all the appellants belong to
Paswan community and are themselves in the category of
Scheduled Caste and therefore, no case under the provisions of
SC/ST Act can possibly be made out against the appellants. So
far as the allegation of assault as contained in the FIR is
concerned, the same has not resulted into any grievous injury to
Patna High Court CR. APP (SJ) No.161 of 2026(3) dt.16-04-2026
3/3
the informant.
6. Considering all these aspects of the matter, I am
inclined to grant anticipatory bail to the appellant and
accordingly, the impugned 17-12-2025 passed by the Exclusive
SC/ST (POA) Court, Gaya Ji in connection with Fatehpur P.S.
Case No. 597 of 2025 is set aside and the appeal stands allowed.
7. Let the appellants, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on anticipatory bail on furnishing each of them bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the Exclusive SC/ST (POA) Court,
Gaya Ji in connection with Fatehpur P.S. Case No. 597 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
(Alok Kumar Sinha, J)
A.K.V.//-
U T
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