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Patna High Court

Tyagi Pashwan @ Tyagi Kumar Paswan @ Tyagi PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appeal is allowed and the order rejecting anticipatory bail is set aside, granting the appellants anticipatory bail subject to conditions.

Summary

The appellants were charged under several IPC offences and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting the father of an informant after a wage dispute, during which caste-based abuse was alleged. The appellants contended that the FIR was filed with a motive to extort money, that the caste slur was not in public view, and that the injuries were minor. The trial court had rejected their anticipatory bail application filed under Section 14‑A(2) of the SC/ST Act. The High Court noted that co‑accused in a similar case (Cr. Appeal (SJ) No. 5292 of 2023) had been granted anticipatory bail, and found the appellant’s submissions credible. Consequently, the Court set aside the trial court’s order and granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with Sections 438(2) CrPC and 482(2) of the BNSS.

Issues considered

  • Whether the anticipatory bail application under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act should be granted in view of the alleged caste‑based assault.
  • Whether the FIR was filed with an ulterior motive of extortion, rendering the allegations of serious injury untenable.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • IPC offences
  • bail conditions
  • extortion motive

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA

                                  CRIMINAL APPEAL (SJ) No.2104 of 2024
                    Arising Out of PS. Case No.-380 Year-2023 Thana- ARA MUFFSIL District- Bhojpur

                 ======================================================
           1.     Tyagi Pashwan @ Tyagi Kumar Paswan @ Tyagi Paswan S/o Late
                  Vansidhar @ Ladu Sadhu R/o vill - Alipur (Sarauna Tola), P.s. - Ara
                  Mufassil, Distt. - Bhojpur
           2.    Vishwajit @ Vishawajit S/o Parma Paswan R/o vill - Alipur (Sarauna Tola),
                 P.s. - Ara Mufassil, Distt. - Bhojpur
           3.    Umesh Paswan @ Umesh Pashwan S/o Parma Paswan R/o vill - Alipur
                 (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur
           4.    Ranjan Kumar S/o Radhakishun Kushwaha @ Radhakrishna Singh R/o vill -
                 Alipur (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur
           5.    Pramod Kushwaha S/o Shiv Prakash Kushwaha R/o vill - Alipur (Sarauna
                 Tola), P.s. - Ara Mufassil, Distt. - Bhojpur


                                                                                  ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Anil Kumar Ram S/o Upendra Ram R/o vill - Alipur, P.S. - Ara Mufassil,
                 Distt. - Bhojpur


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Diwakar .
                 For the Respondent/s    :        Mr. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

8   23-02-2026                 1. Heard learned counsel for the appellants and

                   learned Special Public Prosecutor for the State.

                               2. No one appears for the opposite party no. 2.

                               3. . An order, dated 06.10.2023, passed by learned 1st

                   Additional Sessions Judge-cum-Special Judge, SC/ST Act,
Patna High Court CR. APP (SJ) No.2104 of 2024(8) dt.23-02-2026
                                             2/4




          Bhojpur at Ara, in ABP No. 2745 of 2023, is under challenge in

          the present appeal preferred under Section 14-A (2) of the

          Schedule Caste and Schedule Tribes (Prevention of Atrocities)

          Act, 1989, whereby the anticipatory bail application of the

          appellant in connection with Ara Muffasil Police Station Case

          No. 380 of 2023 registered for the offence punishable under

          Sections 147, 148, 149, 323, 324, 326, 341, 325 and 307 of the

          Indian Penal Code and Section 3 (1)(r)(s)/3(2)(v) of the

          Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act,

          has been rejected.

                       4. As per the FIR, on 23.08.2023, in the morning, the

          father of the informant had gone outside for collecting his wages

          from co-accused Radhakishun Kushwaha and when he

          demanded his Rs. 6,000/- as wages, co-accused Radhakishun

          Kushwaha became angry and started abusing the informant by

          his caste name and on instigation, all the co-accused including

          the appellants assaulted the informant's father due to which he

          sustained injury in the eye and when the informant and his other

          family members reached in order to save his father, all the

          accused persons assaulted them by means of sharp weapon.

                       5. Learned counsel for the appellants submits that the

          present FIR has been lodged with oblique motive in order to
Patna High Court CR. APP (SJ) No.2104 of 2024(8) dt.23-02-2026
                                             3/4




          extort money from the accused persons. The abuse with the

          caste name was not in full public view. The injuries caused to

          the informant's father and others are not serious and are simple

          in nature. Co-accused persons have been granted anticipatory

          bail by a Co-ordinate Bench of this Court in Cr. Appeal (SJ) No.

          5292 of 2023.

                       6. Having regard to the submissions made on behalf

          of the parties and taking into consideration the fact that similarly

          situated co-accused persons have been granted anticipatory bail

          by a Co-ordinate Bench of this Court, I am inclined to grant the

          appellants privilege of anticipatory bail.

                       7. This appeal is, accordingly, allowed and the order,

          dated 06.10.2023, passed by learned 1st Additional Sessions

          Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara, in ABP

          No. 2745 of 2023, is set aside.

                       8. Let the appellants, above named, in the event of

          their arrest or surrender before the Court below within four

          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 A.D.J.-1st, Bhojpur at

          Ara, in connection with Ara Muffasil Police Station Case No.

          380 of 2023, subject to the condition laid down under Section
           Patna High Court CR. APP (SJ) No.2104 of 2024(8) dt.23-02-2026
                                                        4/4




                     438 (2) of the Code of Criminal Procedure/Section 482(2) of the

                     BNSS, 2023.



                                               (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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