Patna High Court
Suraj Chauhan @ Suraj Kumar ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order of the Additional Sessions Judge is set aside and the appellant is released on bail.
Summary
The appellant, Suraj Chauhan, was charged under several provisions of the Bihar Nyaya Sanhita, the Arms Act and the SC/ST (POA) Act for allegedly assaulting an informant's son with an iron rod, firing a weapon, and using caste-based slurs. The appellant contended that the FIR does not specifically allege that he fired the weapon or used caste-based abuse, arguing that he was falsely implicated. The State opposed bail, maintaining the seriousness of the offences. The High Court examined the FIR and found no specific allegation against the appellant for firing or caste abuse, and noted that the incident appeared politically motivated rather than a SC/ST offence. Consequently, the Court set aside the order of the Additional Sessions Judge, allowed the appeal, and granted bail on the condition of a Rs.10,000 bond with two sureties, emphasizing that its observations were prima facie and not on the merits of the case.
Issues considered
- Whether the appellant can be held liable under the SC/ST (POA) Act for alleged caste-based abuse.
- Whether the FIR specifically implicates the appellant for firing a weapon.
- Whether bail should be granted to the appellant pending trial.
Legislation cited
- Arms Act — s. 27
- Bihar Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 352
- SC/ST (POA) Act — s. 3(1)(r)(s)
Subjects
- bail
- SC/ST (POA) Act
- caste abuse
- assault
- Arms Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4503 of 2025
Arising Out of PS. Case No.-239 Year-2024 Thana- ASHTHAWAN District- Nalanda
======================================================
Suraj Chauhan @ Suraj Kumar Chauhan S/O Raj Karan Chauhan @ Raj
Karan Chauhan R/O Vill.- Gannichak, P.S.- Asthawan, Dist.- Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar
2. Tatari Kumari W/O Umesh Paswan R/O Vill.- Nigampura, P.S.- Asthawan,
Dist.- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rudal Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This appeal is preferred against the order dated
08.10.2025 passed by the learned Addl. Sessions Judge-VIIIth-
cum- Special Judge, SC/ST (POA) Act, Nalanda in connection
with Asthawan P.S. Case No. 239 of 2024 registered under
Sections 191(2), 190, 126(2), 115(2), 352, 117(2), 109 of the
Bihar Nyaya Sanhita and Section 27 of the Arms Act and under
Section 3(1)(r)(s) of the SC/ST (POA) Act.
3. As per the prosecution case, the appellant and the
co-accused persons are alleged to have assaulted the informant’s
son with iron rod and the co-accused Dayanand Chauhan
Patna High Court CR. APP (SJ) No.4503 of 2025(3) dt.05-05-2026
2/3
opened fire and abused the informant’s son by calling his caste
name.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in this case. From perusal
of FIR, it appears that there is no specific allegation of firing is
against the appellant rather the specific allegation of firing
attributed against co-accused Dayanand Chauhan. The appellant
did not publicly mention the caste of the informant; hence, no
offence under the provisions of the SC/ST Act is made out
against him. There is case and counter case between both the
parties. Similarly situated co-accused person has already been
granted regular bail by a coordinate Bench of this Hon’ble Court
vide order dated 10.07.2025 passed in Cr. Appeal (SJ) No. 1425
of 2025. The appellant is in custody since 26.09.2025.
5. Learned counsel for the State has opposed the
prayer of bail of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that she is a member of SC/ST community and
primarily, it appears that the occurrence has taken place due to
issues arising from local politics.
7. Considering the facts of the case and the rival
Patna High Court CR. APP (SJ) No.4503 of 2025(3) dt.05-05-2026
3/3
submissions of the parties and also there is no specific allegation
of abuse is attributed against the appellant, this appeal is
allowed and accordingly, the order dated 08.10.2025 passed by
the learned Additional Sessions Judge- VIIIth- cum- Special
Judge, SC/ST (POA) Act, Nalanda in connection with Asthawan
P.S. Case No. 239 of 2024, is hereby set aside.
8. Accordingly, the appellant is directed to be released
on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Asthawan P.S. Case
No. 239 of 2024.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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