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Patna High Court

Girija Paswan @ Girija Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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