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Patna High Court

Arjun PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that bail must be granted to the appellants and set aside the lower court’s order refusing bail.

Summary

The appellants Arjun Paswan and Nitish Kumar Yadav were convicted under the SC/ST (Prevention of Atrocities) Act, the Bharatiya Nyaya Sanhita and the Arms Act for allegedly firing at and causing the death of the complainant's son. They contended that the FIR primarily implicated another accused, Md. Abdul Rehman, and that the allegations against them were vague and omnibus, making a bail denial untenable. The appellants also argued that, being members of a Scheduled Caste, the provisions of the SC/ST Act could not be invoked against them. The State opposed bail, maintaining that the seriousness of the offences and the general nature of the accusations justified continued detention. The High Court examined the post‑mortem report showing a single bullet wound and noted the lack of specific incriminating material against the appellants, and consequently set aside the lower court’s refusal of bail, granting bail on the condition of a Rs.10,000 bond with two sureties. The appeal was therefore allowed.

Issues considered

  • Whether the appellants are entitled to bail under the SC/ST (Prevention of Atrocities) Act despite being members of a Scheduled Caste.
  • Whether general and omnibus allegations in the FIR suffice to deny bail.
  • Whether the specific evidence (post‑mortem report) supports the charge against the appellants.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • omnibus allegations
  • criminal procedure
  • murder
  • Arms Act
  • Bharatiya Nyaya Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4604 of 2025
                        Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 Arjun Paswan S/o Late Kusho Paswan R/o Village- Bela Bagroli, P.S.- Bihra,
                 District- Saharsa

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Chulhay Paswan S/o Late Rameshwar Paswan R/o Village- Bela Bagroli,
                 P.S.- Bihra, District- Saharsa

                                                           ... ... Respondent/s
                 ======================================================
                                                         with
                                 CRIMINAL APPEAL (SJ) No. 4640 of 2025
                        Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 Nitish Kumar Yadav @ Nitish Yadav S/O Rajendra Yadav R/O Village- Bela
                 Bagrauli, P.S- Bihra, Distt.- Saharsa.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Chulhay Paswan S/O Late Rameshwar Paswan R/O Village- Bela Bagrauli,
                 Panchayat- Barahsher, War No.-11, P.S- Bihra, Distt.- Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (SJ) No. 4604 of 2025)
                 For the Appellant/s  :     Mr. Satish Kumar Singh, Advocate
                 For the Respondent/s :     Ms. Usha Kumari 1, Spl.P.P.
                 (In CRIMINAL APPEAL (SJ) No. 4640 of 2025)
                 For the Appellant/s  :     Mr. Sunil Kumar Pathak, Advocate
                 For the Respondent/s :     Ms. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   26-03-2026                 Heard learned counsel for the appellants and learned

                   Spl. P.P. for the State.

                               2. This is an appeal under Scheduled Castes and

                   Scheduled      Tribes      (Prevention       of Atrocities) Act,               1989
Patna High Court CR. APP (SJ) No.4604 of 2025(4) dt.26-03-2026
                                             2/4




          (hereinafter referred to as the “SC/ST Act”) against the refusal of

          prayer for bail vide order dated 03.11.2025 passed by the learned

          Additional Sessions Judge-1-cum-Special Judge, SC/ST Act,

          Saharsa in connection with Special Case No. 36 of 2025, arising

          out of Bihra P.S. Case No. 69 of 2025 registered for the offences

          punishable under Sections 191(2), 191(3), 190, 103(1) & 61(2) of

          the Bharatiya Nyaya Sanhita, 2023, and under Section 27 of the

          Arms Act and under Section 3(2)(v) of SC/ST (P.O.A.) Act.

                       3. The case of the complainant, in short, is that the

          informant’s son was going to Saharsa on his bike. In the way, the

          appellants along with others surrounded him and it is further

          alleged that co-accused Md. Abdul Rehman fired on the chest of

          the informant’ son due to which he fell on the ground. Thereafter,

          the appellants and other co-accused persons indiscriminately

          fired at the informant’ son due to which he died. The main

          conspirator of the alleged occurrence is the co-accused Pradeep

          Kumar Thakur.

                       4. Learned counsel for the appellants submits that

          appellants are innocent and have falsely been implicated in the

          present case. Learned counsel for the appellants has further

          submitted that from perusal of the FIR itself it is clear that the

          main thrust of allegation is against Md. Abdul Rehman whereas

          the allegation against the appellants is general and omnibus. It
Patna High Court CR. APP (SJ) No.4604 of 2025(4) dt.26-03-2026
                                             3/4




          has further been submitted that from perusal of the post-mortem

          report it will transpire that the deceased has received one entry

          wound and one exit wound. There is allegation of firing against

          all accused persons but there is only one bullet injury found in

          the body of the deceased and specific allegation is against Md.

          Abdul Rehman. Learned counsel for the appellant Arjun Paswan

          has further submitted that he also belongs to the SC/ST

          community. Hence, no case under SC/ST Act is attracted against

          him. It has further been submitted that similarly situated co-

          accused person namely Sachidanand @ Sadanand Paswan @

          Sachidanand Prasad @ Sadanand @ Sachidanand Paswan has

          been granted bail by the learned Co-ordinate Bench of this Court

          vide Cr. App. (SJ) No. 2864 of 2025. The case of this petitioner

          stands on similar footing.

                       5. Learned Spl.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellants and has

          stated that the allegations against the appellants are general and

          omnibus.

                       6. In view of the submissions made by the learned

          counsel for the appellant, the order dated 03.11.2025 passed by

          the learned Additional Sessions Judge-1-cum-Special Judge,

          SC/ST Act, Saharsa in connection with Special Case No. 36 of

          2025, arising out of Bihra P.S. Case No. 69 of 2025 is hereby set
            Patna High Court CR. APP (SJ) No.4604 of 2025(4) dt.26-03-2026
                                                         4/4




                      aside and the appellants above-named, be released on bail on

                      furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

                      each of them with two sureties of the like amount each to the

                      satisfaction of the learned court of Additional Sessions Judge-1st

                      cum-Special Judge SC/ST (POA) Act, Saharsa in connection

                      with Special Case No. 36 of 2025, arising out of Bihra P.S. Case

                      No. 69 of 2025.

                                   7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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