Raushan Kumar @ Roushan Paswan @ Raushan PaswanversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4512 of 2025
                    Arising Out of PS. Case No.-112 Year-2025 Thana- HASANPUR District- Samastipur
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                 Raushan Kumar @ Roushan Paswan @ Raushan Paswan S/O Arvind Paswan
                 @ Chhotu R/O Village- Rampur, P.S.- Hasanpur, Distt.- Samastipur

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Radhey Paswan S/O Jagdish Paswan R/O Village- Rampur, P.S.- Hasanpur,
                 Distt.- Samastipur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Madhav Kumar, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   12-02-2026             Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 23.09.2025 passed by learned Special

                   Judge, SC/ST Act, Samastipur whereby the prayer for bail of the

                   appellant in connection with Hasanpur PS Case No. 112 of 2025

                   instituted under Sections 103(1) & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023, Section 27 of the Arms Act and Sections 3(2)(va)

                   of SC/ST Act was rejected.

                           3.      The prosecution alleges that on 11.06.2025 the

                   accused obstructed electrical repair work, threatened a

                   government lineman, and brandished firearms. On 14.06.2025,
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          they allegedly ambushed the informant’s son, attempted to

          snatch his mobile phone containing a video of the earlier

          incident, and co-accused Nitish Kumar Das shot him dead at the

          instigation of Roshan Paswan (appellant).

                  4.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the appellant submits that from perusal of

          the FIR, it would manifest that appellant is merely order giver

          and specific allegation of firing is against co-accused, Nitish

          Kumar Das. Save and except this, there is no material against

          the appellant. Learned counsel for the appellant further submits

          that the appellant has 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 him. The appellant has no intention to

          disgrace the image of the informant in public view. The

          appellant is in custody since 16.06.2025 and has no criminal

          antecedent.

                  5.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the

          appellant.

                  6.      Considering the aforesaid facts and circumstances
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                     of the case and the period of custody undergone by the

                     appellant, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 23.09.2025

                     passed by learned Special Judge, SC/ST Act, Samastipur is

                     hereby set aside.

                             7.      Let the appellant be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Hasanpur PS Case

                     No. 112 of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the appellant.

                             (II) The appellant shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the appellant.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T