Patna High Court
Ram Nagina PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the appellants are released on bail and the lower court’s orders rejecting bail are set aside.
Summary
The appellants, Ram Nagina Paswan and Vikram Kumar, appealed against the rejection of their bail applications in a case under the SC/ST Act, Arms Act and several provisions of the Bharatiya Nyaya Sanhita. The trial court had denied bail, relying on the seriousness of the offences and the fact that the appellants were implicated through a co‑accused’s confessional statement. The appellants argued they were innocent, had no prior criminal record, and that no caste name was used publicly, so the SC/ST provisions were not attracted. The Special Public Prosecutor opposed bail, emphasizing the gravity of the charges. After reviewing the trial progress (seven of sixteen witnesses examined) and the circumstances of prolonged custody, the High Court allowed the appeal, set aside the lower court’s orders and granted bail on a bond of Rs 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the appellants despite the seriousness of the offences alleged under the SC/ST Act, Arms Act and Bharatiya Nyaya Sanhita.
- Whether the alleged use of a caste name in public, a requisite element of the SC/ST Act offences, is established.
- Whether the confessional statement of a co‑accused is sufficient to sustain the charge‑sheet against the appellants for the purpose of denying bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(f)(g)(r)(s)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- SC/ST Act
- caste based offence
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- high court appeal
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4157 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Ram Nagina Paswan Son of Nandu Paswan Resident of village - Pran Bigha,
P.O.- Akouna Bazar, P.S.- Muffasil, District - Nawada.
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni Son of Mr. Sanjay Majhi Resident of village - Dedaur Tola
Krishna Nagar Nadi Par, Police Station - Muffasil, District - Nawada.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3905 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Vikram Kumar S/o Mr. Nageshwar Paswan Resident Of Village- Pran Bigha,
Ps- Mufassil, Dist- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/o Mr. Sanjay Majhi R/o vill - Dedaur Tola Krishna Nagar Nadi
Par, P.s.- Mufassil, Distt.- Nawada
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4157 of 2025)
For the Appellant/s : Ms. Vaisnavi Singh, Advocate
For the Respondent/s : Mr.Sadanand Paswan, S.P.P.
(In CRIMINAL APPEAL (SJ) No. 3905 of 2025)
For the Appellant/s : Ms.Vaisnavi Singh, Advocate
For the Respondent/s : Mr.Sadanand Paswan, S.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 09-01-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the appellants
against the order dated 11.09.2025 and order dated 21.08.2025
passed by Exclusive Special Judge, Spl. Court SC/ST Act,
Patna High Court CR. APP (SJ) No.4157 of 2025(4) dt.09-01-2026
2/3
Nawada whereby the prayer for bail of the appellants in
connection with Nawada Muffasil P.S. Case No. 372 of 2024,
under Sections 191(2), 193(3), 190, 109(1), 352, 351(2), 351(3),
326(g), 303(2), 111(3) and 61(2)(a) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act and Section 3(1)
(f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of the SC/ST Act, was rejected.
3. Earlier vide order dated 30.01.2025 passed in
Criminal Appeal (SJ) No. 5057 of 2024, regular bail of the
Appellants was rejected by this Court considering the nature of
gravity of the offence, with direction to the learned court below
to expedite the trial and conclude the same expeditiously.
4. In compliance of the order dated 15.10.2025, a
report dated 30.10.2025 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that out of sixteen witnesses, seven witnesses have been
examined and remaining nine witnesses are yet to be examined.
5. Learned counsel for the appellants submits that the
appellants are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case. The
name of the appellants has transpired on the basis of
confessional statement of co-accused. Learned counsel for the
appellants further submits that the appellants have not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against them.
Patna High Court CR. APP (SJ) No.4157 of 2025(4) dt.09-01-2026
3/3
The appellants have no intention to disgrace the image of the
informant in public view. Learned counsel for the Appellants
further submits that other co-accused has been granted privilege
of bail by this Court on 16.09.2025 passed in Criminal Appeal
(SJ) No. 1219 of 2025. The appellants are in custody since
19.09.2024 and have no criminal antecedent.
6. Learned Special P.P. for the State have vehemently
opposed the prayer for grant of bail to the appellants.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellants, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 11.09.2025
and 21.08.2025 passed by Exclusive Special Judge, Spl. Court
SC/ST Act, Nawada, in connection with B.P. No. 1245 of 2025
and B.P. No. 1201 of 2025, respectively, arising out of Nawada
Muffasil P.S. Case No. 372 of 2024, are hereby set aside.
8. Let the appellants be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawada Muffasil
P.S. Case No. 372 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.