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Patna High Court

Raj Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order denying bail is set aside, granting bail to the appellants.

Summary

The Patna High Court heard an appeal by Raj Kumar Paswan and Mukesh Paswan against the denial of bail by an Exclusive Special Judge in a case filed under the SC/ST Act and several provisions of the Bharatiya Nyaya Sanhita and the Arms Act. The appellants argued that they were falsely implicated, that no caste name was used publicly, and that they had no prior criminal record, while the prosecution opposed bail. The court observed that only seven of sixteen witnesses had been examined and that the appellants had been in custody since September 2024. Considering the nature of the offences, the stage of the trial, and the prolonged detention, the court was inclined to allow the appeal. Accordingly, the order denying bail was set aside and the appellants were released on bail upon furnishing a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under the SC/ST Act and the Bharatiya Nyaya Sanhita given the nature of the offences and the stage of trial
  • Whether the alleged use of a caste name by the accused constitutes an offence under the SC/ST Act
  • Whether the prolonged period of custody without trial warrants the grant of bail

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • trial stage
  • custody
  • caste-based offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4186 of 2025
                 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
           1.     Raj Kumar Paswan Son of Late Shadev paswan Resident Of Village -Pran
                  Bigha, Po- Akouna Bazar, Ps -Muffasil, Dist -Nawada
           2.    Mukesh Paswan @ Rupesh Paswan son of Munni Paswan@ Mundrika
                 Paswan Resident Of Village -Pran Bigha, Po- Akouna Bazar, Ps -Muffasil,
                 Dist -Nawada
                                                                       ... ... Appellant/s
                                                 Versus
           1.    The State of Bihar bihar
           2.     Vyas Muni son of Mr. Sanjay Majhi Resident Of Village -Dedaur Tola
                  Krishna Nagar nadi par, Ps- Mufassil, Dist- Nawada
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Ms. Moni Kumari, Advocate
                 For the Respondent No.2         Mr. Rajesh Kumar Sinha, 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, learned

                   Special Public Prosecutor for the State and Learned counsel for

                   the Respondent No.2, and perused the case diary.

                               2. The instant appeal has been filed by the appellants

                   against the order dated 11.09.2025 passed by Exclusive Special

                   Judge, Spl. Court SC/ST Act, Nawada whereby the prayer for

                   bail of the appellants in connection with B.P. No. 1244 of 2025,

                   arising out of 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)
Patna High Court CR. APP (SJ) No.4186 of 2025(4) dt.09-01-2026
                                             2/3




          (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. 5135 of 2024, regular bail of the

          Appellants was rejected by this Court considering the nature and

          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 passed

          in Criminal Appeal (SJ) No. 4157 of 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.

          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
           Patna High Court CR. APP (SJ) No.4186 of 2025(4) dt.09-01-2026
                                                        3/3




                     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

                     passed by Exclusive Special Judge, Spl. Court SC/ST Act,

                     Nawada, in connection with B.P. No. 1244 of 2025 arising out

                     of Nawada Muffasil P.S. Case No. 372 of 2024, is 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


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