Patna High Court
Girija Paswan @ Girija Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail.
Summary
Girija Paswan was arrested in connection with a case alleging assault on the husband of Choti Devi over unpaid wages, charged under several sections of the Bihar Negotiable Instruments Act and the SC/ST (Prevention of Atrocities) Act. The prosecution claimed the appellant participated in the assault, while the defence argued that the FIR was filed four days after the incident, no one witnessed the assault, and the appellant, being a member of a Scheduled Caste, could not be prosecuted under the SC/ST Act. The trial court denied bail, but the appellant appealed, contending lack of specific overt acts and false implication. The Patna High Court, after hearing both sides, found the allegations vague and unsupported by concrete evidence, and held that the SC/ST Act was inapplicable to the appellant. Consequently, the court set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the appellant is liable to be denied bail on the basis of the alleged assault charges.
- Whether the SC/ST (Prevention of Atrocities) Act applies to the appellant who belongs to a Scheduled Caste.
- Whether the prosecution has established a specific overt act linking the appellant to the alleged assault.
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115(2), 126(2), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- SC/ST (Prevention of Atrocities) Act
- false implication
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4981 of 2025
Arising Out of PS. Case No.-238 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Girija Paswan @ Girija Kumar Paswan S/O Sipahi Paswan R/O Village-
Dhandiha Kulhariya, P.S.- Koilwar, District- Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Choti Devi W/O Guddu Rajak R/O Village- Kulhariya, P.S.- Koilwar,
District- Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Madhukar Anand, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
2. The instant appeal has been filed by the appellant
against the order dated 22.11.2025 passed by learned 1 st
Additional Sessions Judge-cum-Special Judge SC/ST Act,
Bhojpur at Ara whereby the prayer for bail of the appellant in
connection with Koilwar P.S. Case no. 238 of 2025 under
Sections 126(2), 115(2), 109 and 3(5) of BNS and Sections 3(1)
(r) (s) and 3(2) (v) of SC/ST (POA) Act was rejected.
3. The case of the prosecution is that the husband of
the respondent who was working in a brick-kiln in the name and
Patna High Court CR. APP (SJ) No.4981 of 2025(3) dt.19-03-2026
2/3
style of A.K.S. and that Rs. 1,50,000/- wages were due with the
owner of the brick-kiln. The mother-in-law of the respondent
received a call that some dispute is going on between the
husband of the respondent and the Munsi of the brick-kiln. On
this, she went to the brick-kiln with her brother-in-law Arjun
and she saw her husband in subconscious position and has
received head injury. It is further alleged that there was no one
near the brick-kiln and as she went to meet the munsi, the door
was closed from inside. She suspects that the appellant along
with others has assaulted the respondent’s husband as he was
demanding his due wages.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. Learned
counsel has submitted that the occurrence is of 02.10.2025
whereas the FIR was lodged on 06.10.2025 and the delay is not
explained. He has further submitted that from perusal of the
injury report, it will transpire that the husband of the respondent
has received four lacerated wounds on his head and there is
hairline fracture in occipital region. Injury nos. 1, 2 and 3 are
simple in nature and injury no. 4 is grievous in nature. The
appellant himself belongs to the SC/ST community, as such,
SC/ST Act is not attracted against him. It is apparent from the
Patna High Court CR. APP (SJ) No.4981 of 2025(3) dt.19-03-2026
3/3
FIR itself that nobody has seen the occurrence. In any view of
the matter, the nature of allegation is general and omnibus. A
statement has been made in para-3 of this petition that the
appellant has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 08.10.2025.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and learned counsel for the
respondent.
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 22.11.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Koilwar P.S. Case No. 238 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned 1st Additional Sessions Judge cum Special Judge,
SC/ST Act, Bhojpur at Ara.
(Ashok Kumar Pandey, J)
shubham/-
U T
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