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Patna High Court

Suraj Chauhan @ Suraj Kumar ChauhanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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