Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
- 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(2)(v), 3(2)(va), (f)(g)(r)(s)(w)
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
Checking your session…