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Patna High Court

Bhai Ram Paswan @ Bhaiya Ram Paswan @ Bhaiyya Ram PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court rejected the appellant's application for regular bail.

Summary

The appellant, Bhai Ram Paswan, was charged with murder, conspiracy, and offences under the SC/ST Act and Arms Act. He has been in custody since April 2024 and has repeatedly applied for regular bail, the third attempt being before this Court. The trial is underway with eight of fourteen prosecution witnesses already examined. The State argued that granting bail at this stage could lead to the appellant's absconding, while the appellant contended that earlier bail rejections were only for the "present" and that a similar case (Banti Jaiswal) had resulted in bail. The Court examined the progress of the trial and the risk of absconding and consequently rejected the bail application.

Issues considered

  • Whether regular bail should be granted to the appellant under Section 14-A(2) of the SC/ST Act given the stage of trial and risk of absconding.

Legislation cited

Subjects

  • regular bail
  • SC/ST Act
  • murder
  • trial progress
  • absconding risk
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3435 of 2025
                  Arising Out of PS. Case No.-141 Year-2024 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Bhai Ram Paswan @ Bhaiya Ram Paswan @ Bhaiyya Ram Paswan S/o Late
                 Nawal Kishore Paswan R/o Mohalla- Driver Tola Katihar, PS-Nagar Katihar,
                 District- Katihar

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Dinesh Paswan S/o Late Gore Lal Paswan R/o Driver Tola, P.S.- Katihar
                 Town, Distt.- Katihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Amit Srivastava, Sr. Adv
                                                 Mr.Akhauri Kamal Kishore Sahay
                 For the Respondent/s   :        Ms.Usha Kumari 1, Spl. PP
                                                 Mr. Rajendra Narain, Sr. Adv
                                                 Ms. Moni Kumari, Adv
                                                 Mr. Satish Kr. Sinha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   01-05-2026              1.     Heard learned senior counsel for the appellant, Sri

                   Amit Srivastava; learned Spl. P.P. for the State, Ms. Usha

                   Kumari No. 1 and learned senior counsel appearing on behalf of

                   the informant, Sri Rajendra Naraian.

                            2.     This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for regular bail vide order

                   dated 22-7-2025 passed by the learned 1 st Additional Sessions

                   Judge-cum-Special Judge S.C./S.T. (POA) Act, Katihar in
Patna High Court CR. APP (SJ) No.3435 of 2025(7) dt.01-05-2026
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          connection with Katihar Nagar P.S. Case No.141/2024

          registered for the offences punishable under Sections 302,

          120(B), 34 of the Indian Penal Code as well as Sections 3(2)(v)

          of the SC/ST Act and 25(1-B), 26, 27 and 35 of the Arms Act.

                    3.    Learned senior counsel for the appellant submits

          that this is the third attempt of the appellant to seek regular bail

          and appellant is in custody since 6-4-2024.

                    4.    At this stage, the learned senior counsel appearing

          on behalf of the informant submits that appellant had earlier

          moved before this Court seeking regular bail by filing Cr. Misc

          No. 50921 of 2024 and the same came to be rejected by an order

          dated 31-8-2024, after considering the case on merit and in

          details. It is next submitted that trial has commenced and out of

          14 prosecution witnesses, 8 prosecution witnesses have been

          examined as such the trial is progressing and if privilege of bail

          is granted at this stage, the appellant may abscond.

                    5.    Learned senior counsel appearing on behalf of the

          appellant submits that Banti Jaiswal had approached this Court

          seeking regular bail by filing Cr. Appeal (SJ) No. 1784 of 2025

          and the same came to be allowed by an order dated 1-8-2025, on

          which the learned senior counsel appearing on behalf of the

          informant submits that the case of the instant appellant is not
Patna High Court CR. APP (SJ) No.3435 of 2025(7) dt.01-05-2026
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          akin to the case of Banti Jaiswal, It is also submitted that when

          appellant had earlier moved before this Court seeking regular

          bail by filing Cr. Misc No. 50921 of 2024 by that time the

          charge-sheet was not submitted and subsequently when charge-

          sheet came to be submitted, the same was submitted under

          various sections of IPC including the SC/ST Act.

                    6.    At this stage, the learned senior counsel appearing

          on behalf of the appellant submits that while rejecting the

          regular bail application of the appellant by order dated 18-4-

          2025 in Cr. Appeal (SJ) No. 1148 of 2025, it was recorded that –

          “The Court while rejecting the bail application of the appellant

          by order dated 31-8-2024 in Cr. Misc No. 50921 of 2024 had

          recorded a detailed order, as such, the Court is not inclined to

          release the appellant on bail for the present”. It is thus submitted

          that while rejecting the bail application of the appellant for the

          second time, the Court had recorded that it was being rejected

          “for the present”, which amply meant that on the next occasion

          the bail would be considered.

                    7.    Since the trial has progressed and out of 14

          prosecution witnesses, 8 prosecution witnesses have been

          examined, as such the Court is not inclined to release the

          appellant on bail.
              Patna High Court CR. APP (SJ) No.3435 of 2025(7) dt.01-05-2026
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                                  8.    Accordingly, the prayer for bail of the appellant is

                        rejected.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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