Patna High Court
Arjun PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(2), 191(3), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
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
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(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
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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
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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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