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Patna High Court

Sachin Paswan @ Sateen PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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