Patna High Court
Ram Babu PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court held that the appellant is entitled to bail as there is no specific allegation against him and he has a clean antecedent.
Summary
The appellant, Ram Babu Paswan, was charged under Sections 103(1) & 3(5) of the Bihar Navik Samanvay Act, 2023 and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the father of an informant in a rent dispute. The appellant argued that he has a clean antecedent and that the FIR contains only a general, omnibus allegation against all accused, with no specific charge against him. The trial court refused regular bail, prompting an appeal under Section 14(A)(2) of the Criminal Procedure Code. The Patna High Court examined the lack of specific allegation, the appellant’s clean record, and the nature of the offence, and concluded that bail should be granted. The court set aside the lower court’s order, granted bail on a Rs.10,000 bond with two sureties, and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The appeal was allowed.
Issues considered
- Whether the appellant is entitled to regular bail despite being named in the FIR under the SC/ST (Prevention of Atrocities) Act.
- Whether a general and omnibus allegation against all accused suffices to deny bail.
- Whether the appellant’s clean antecedent and lack of specific charge warrant the grant of bail.
Legislation cited
Subjects
- regular bail
- SC/ST Act
- omnibus allegation
- clean antecedent
- Section 14(A)(2) CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5105 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Ram Babu Paswan S/O Chandrika Paswan R/O Vill.- Runni, Ward No.-
04,P.S- Runni Saidpur, Dist- Sitamarhi, Pin Code-843328 (Bihar)
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramesh Paswan S/O Dahaur Paswan R/O Vill.- Runni, Ward No.- 04,P.S-
Runni Saidpur, Dist- Sitamarhi, Pin Code-843328 (Bihar)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Uday Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
For the Resp. No. 2 : Mr. Adarsh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-04-2026 Heard Mr. Uday Kumar, learned counsel for the
appellant, Mr. Adarsh Kumar, learned counsel appearing on
behalf of the Respondent No. 2 as well as Ms. Usha Kumari 1,
learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 15.10.2025
passed by the learned Court of 1st Additional Sessions Judge-
cum-Special Judge, SC/ST (PoA) Act, Sitamarhi (District &
Additional Sessions Judge-I-cum-Special Judge, Sitamarhi) in
connection with Runni Saidpur P.S. Case No. 186 of 2025,
F.I.R. dated 14.05.2025 registered under Sections 103(1) & 3(5)
of the BNS, 2023 and Section 3(2)(va) of the Scheduled Castes
Patna High Court CR. APP (SJ) No.5105 of 2025(4) dt.18-04-2026
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and Scheduled Tribes Act (Prevention of Atrocities) Act.
3. According to the prosecution case, all the accused
persons including this appellant over a rent dispute have
assaulted to the father of the informant due to which received
injuries.
4. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been
implicated in the present case. He further submits that due to
petty dispute the present occurrence has taken place. Although
the appellant is named in the FIR but there is no specific
allegation of assault or overt act attributed against him rather
there is general and omnibus allegation against all the accused
persons including this appellant. He further submits that the
police, after investigation, submitted charge sheet against the
appellant. The appellant is in custody since 27.06.2025.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant.
6. Considering the aforesaid facts and circumstances
of the case that the appellant has clean antecedent and there is
no specific allegation against the appellant rather there is
Patna High Court CR. APP (SJ) No.5105 of 2025(4) dt.18-04-2026
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general and omnibus allegation against him, let the appellant,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court of 1st Additional
Sessions Judge-cum-Special Judge, SC/ST (PoA) Act, Sitamarhi
(District & Additional Sessions Judge-I-cum-Special Judge,
Sitamarhi) in connection with Runni Saidpur P.S. Case No. 186
of 2025, with other following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. APP (SJ) No.5105 of 2025(4) dt.18-04-2026
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shall not be delayed for purpose of or in the name of
verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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