Patna High Court
Chandeshwar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court denied anticipatory bail to the male accused but granted bail to the female accused with conditions, setting aside the lower court's order for the latter.
Summary
The appeal challenged the Special Judge's order rejecting anticipatory bail for six accused in a case involving alleged assault, robbery, and outraging modesty under various sections of the Bihar Non‑tribal Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the male accused formed an unlawful assembly, assaulted the informant with iron rods and a farsa, and that the female accused stole an earring and struck a victim's hand. The appellants argued lack of prior criminal records and that the women were named only to implicate all parties. The High Court held that the male accused (appellants 1, 2 and 5) played a key role in the assault and therefore their anticipatory bail remained rejected, but found insufficient grounds to deny bail to the female accused (appellants 3 and 4). Consequently, the order of the Special Judge was set aside for the two women, granting them bail on strict conditions, while the bail denial for the others was upheld.
Issues considered
- Whether anticipatory bail should be granted to the accused under the Bihar Non‑tribal Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the gender of the accused and lack of prior criminal antecedent justify granting bail to the female accused.
- Whether the role of each accused in the alleged assault warrants differential treatment in bail decisions.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- assault
- SC/ST Act
- gender
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4166 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- HALAI District- Samastipur
======================================================
1. Chandeshwar Paswan S/o Late Mahavir Paswan R/o vill - Larua, P.S.- Halai,
Distt.- Samastipur
2. Babu Lal Paswan S/o Chandeshwar Paswan R/o vill - Larua, P.S.- Halai,
Distt.- Samastipur
3. Phulpari Devi W/o Chandeshwar Paswan R/o vill - Larua, P.S.- Halai, Distt.-
Samastipur
4. Rani Kumari D/o Chandeshwar Paswan R/o vill - Larua, P.S.- Halai, Distt.-
Samastipur
5. Amarjeet Paswan @ Anarjeet Paswan S/o Shankar Paswan R/o vill - Larua,
P.S.- Halai, Distt.- Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Sabita Devi W/o Nagina Paswan R/o vill - Larua, P.S.- Halai, Distt.-
Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Surya Narayan Roy, Advocate
For the State : Mr. Binay Krishna, Spl. PP
For the Informant : Ms. Shambhavi Manshi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 16-04-2026 Heard the parties.
2. This appeal has been filed for setting aside the
order dated 04.09.2025 passed by the learned Special Judge, SC
and ST (POA) Act, Samastipur in connection with Halai P.S.
Case No. 93 of 2025 registered for the offence punishable under
sections 126(2), 115(2), 118(1), 117(2), 109(1), 76, 303(2), 352,
351(2)(3) and 3(5) of the B.N.S. and section 3(1)(r), 3(1)(s) and
3(1)(w) of the SC and ST Act whereby the prayer for
Patna High Court CR. APP (SJ) No.4166 of 2025(5) dt.16-04-2026
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anticipatory bail of the appellant has been rejected.
3. As per the prosecution story, the informant alleged
that the accused persons after forming unlawful assembly came
to her house, started abusing and upon objection, Babu Lal
Paswan exhorted them to assault the informant. The allegation is
that both Babu Lal Paswan and Chandeshwar Paswan gave
farsa/iron rod blow causing injury on her head as a result
whereof she became unconscious. When Rajkumar Singh and
Rajdular Singh came to her rescue, Suraj Kumar Tiwari started
abusing and Rajdular Singh was assaulted on her head causing
injury. Amarjit Paswan assaulted Rajkumar Singh on his head
while allegation against Rani Kumari is of assaulting Rajkumar
Singh on the hand and Phulpari Devi took away the ear ring.
Allegation against Suraj Kumar Tiwari and Babu Lal Paswan is
of outraging her modesty. This led to the F.I.R..
4. Learned counsel for the appellants submit that only
to implicate everyone they have been named in the F.I.R., the
appellants do not have criminal antecedent.
5. Ms. Shambhavi Manshi, learned counsel
representing the informant and according to her Chandeshwar
Paswan and Babu Lal Paswan had played a key role in
assaulting the informant both on the head by farsa and iron rod
Patna High Court CR. APP (SJ) No.4166 of 2025(5) dt.16-04-2026
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causing injury to her. Further, even Amarjit Paswan gave iron
blow to Rajkumar Singh. So far as Phulpari Devi and Rani
Kumari are concerned, she submits that while Rani Kumari
assaulted Rajkumar Singh on his hand, Phulpari Devi took away
ear ring.
6. Taking into account the submissions of the parties
as also the role played by appellant nos. 1, 2 and 5 namely,
Chandeshwar Paswan, Babu Lal Paswan and Amarjeet Paswan
@ Anarjeet Paswan respectively, their anticipatory bail
application stands rejected.
7. So far as the appellant nos. 3 and 4 namely
Phulpari Devi and Rani Kumari respectively are concerned,
allegation against Rani Kumari is that she gave blow on the
hand of Rajkumar Singh while Phulpari Devi is of taking away
ear ring, both do not have criminal antecedent and are ladies, in
that background, this Court is inclined to extend them the relief.
8. The impugned order dated 04.09.2025 passed by
the learned Special Judge, SC and ST (POA) Act, Samastipur in
connection with Halai P.S. Case No. 93 of 2025 stands set aside
and the appeal is allowed with respect to the appellant nos. 3
and 4 namely Phulpari Devi and Rani Kumari respectively.
9. Let the appellant nos. 3 and 4 namely Phulpari
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Devi and Rani Kumari respectively, in the event of
arrest/surrender within a period of eight weeks from the date of
receipt/production of a copy of this order, be enlarged 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 the
learned Special Judge, SC and ST (POA) Act, Samastipur in
connection with Halai P.S. Case No. 93 of 2025.
(i) one of the bailor should be the family
member/relative of the appellant nos. 3 and 4 namely Phulpari
Devi and Rani Kumari who shall provide official document
(Aadhar Card/Voter Id/Driving License/Pan Card) to show
his/her bona fide;
(ii) the appellant nos. 3 and 4 namely Phulpari Devi
and Rani Kumari shall be appearing before the Police Station as
and when required for cooperating in the investigation;
(iii) the appellant nos. 3 and 4 namely Phulpari Devi
and Rani Kumari shall appear on each and every date before the
Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his/her bail
bond by the Trial Court itself;
(iv) the appellant nos. 3 and 4 namely Phulpari Devi
and Rani Kumari shall in no way try to induce or promise or
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threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the
bail bonds;
(v) the appellant nos. 3 and 4 namely Phulpari Devi
and Rani Kumari shall desist from committing any criminal
offence again, failing which the State shall be at liberty to take
steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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