Patna High Court
Sachin Paswan @ Sateen PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order denying bail is set aside, directing release of the appellant on regular bail.
Summary
The appellant, Sachin Paswan, was charged under Sections 127(2), 103(1), 352/34 of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and Sections 3(2) & (va) of the SC/ST Act for alleged involvement in a murder and caste‑related verbal abuse. The trial court had denied his regular bail application, holding that the allegations, though general, were sufficient to keep him in custody. On appeal, the appellant contended that he was falsely implicated, that no specific allegation of caste slur was made against him, and that the only person who fired the fatal shot was Indal Yadav. The High Court examined the record and found that no overt act could be attributed to the appellant and that the allegations were omnibus and not specific to him. Consequently, the Court set aside the trial court’s order, allowed the appeal and directed that the appellant be released on regular bail upon furnishing the prescribed bond and sureties. The judgment expressly limited its observations to the bail application and did not prejudice the merits of the trial.
Issues considered
- What is the adequacy of the evidence against the appellant to justify denial of regular bail?
- Whether the appellant's alleged verbal abuse constitutes an offence under the SC/ST Act.
- Whether the appellant's conduct warrants continued custody pending trial.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 127(2), 352/34
- SC/ST (Prevention of Atrocities) Act — s. 3(2), 3(va)
Subjects
- regular bail
- SC/ST Act
- caste discrimination
- murder
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.341 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Sachin Paswan @ Sateen Paswan S/o Late Raso Paswan R/o Sughran, P.S.-
Dandari, Distt.- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Lalo Devi W/o Late Hareream Paswan R/o Rajopur, ward no 3, P.S.-
Dandari, Distt.- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Aditya Kumar
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The present appeal has been preferred by the
appellant against the order dated 8.12.2025 passed by the
learned Exclusive Special Judge, SC/ST Act, Begusarai, in
connection with Dandari P.S. Case No. 98 of 2025, registered
for the offences punishable under Sections 127(2), 103(1), and
352/34 of the Bharatiya Nyaya Sanhita, 2023, along with
Section 27 of the Arms Act and Section 3(2)&(va) of the SC/ST
Act, by which, the learned court below rejected the prayer of the
appellant for grant of regular bail.
3. Altogether, ten persons are alleged to have
Patna High Court CR. APP (SJ) No.341 of 2026(3) dt.12-05-2026
2/3
intercepted the deceased, after which one Indal Yadav is said to
have shot and killed him. The appellant is alleged to have, along
with other co-accused, verbally abused the informant and her
husband with caste-related slurs.
4. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. It is further submitted that there is no specific allegation
against the appellant, and the allegations are general and
omnibus in nature. The appellant did not publicly mention the
caste of the informant; hence, no offence under the provisions of
the SC/ST Act is made out against him. He had no intention of
disgracing the informant in public. It is also submitted that the
appellant is in custody since 24.07.2025.
5. Learned Spl. P.P. for the State has opposed the grant
of bail.
6. I have considered the submissions of the parties and
perused the records of the case. Considering the fact that it was
Indal Yadav who allegedly shot the deceased and no overt act is
attributed to the appellant, the appeal is allowed. Consequently,
the impugned order dated 08.12.2025 passed by the learned
Exclusive Special Judge, SC/ST Act, Begusarai, in connection
with Dandari P.S. Case No. 98 of 2025 is hereby set aside.
Patna High Court CR. APP (SJ) No.341 of 2026(3) dt.12-05-2026
3/3
7. Accordingly, the appellant is directed to be released
on regular bail upon furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Dandari P.S.
Case No. 98 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.