Lallu Paswan @ Lalu Paswan @ Satish Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Lallu Paswan @ Lalu Paswan @ Satish Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory-bail appeal allowed and impugned order set aside: appellants, in the event of arrest/surrender within eight weeks, to be enlarged on bail on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Aurangabad, in connection with Rafiganj Police Station Case No. 487 of 2023.

Issue for consideration

Whether the appellants are entitled to anticipatory bail in Rafiganj Police Station Case No. 487 of 2023 notwithstanding rejection of their prayer by order dated 15.02.2024. +1 more

Court's answer

The appeal is allowed and the impugned order dated 15.02.2024 rejecting the prayer for anticipatory bail is set aside; the appellants, in the event of arrest/surrender within eight weeks from receipt/production of a copy of the order, are to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Aurangabad, in connection with Rafiganj Police Station Case No. 487 of 2023.

Ratio / Principle

In allowing the appeal the Court acted on the material before it, which included the position that no specific allegation of assault was made against the appellants, that the allegations against them were general and omnibus, and that the appellants themselves belong to the Scheduled Castes.

Detailed headnote1 paragraphs

Anticipatory bail - rejection overturned - Patna High Court, Criminal Appeal (SJ) No. 1271 of 2024 (oral order dated 12-12-2025, Prabhat Kumar Singh, J): appeal against order dated 15.02.2024 rejecting anticipatory bail in Rafiganj PS Case No. 487 of 2023 (District Aurangabad), registered for offences under ss. 147, 148, 149, 341, 323, 307, 379, 504, 506 and 34 IPC, ss. 3(i)(r), 3(1)(s)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and s. 27 Arms Act. Prosecution alleges that on 07.11.2023 five named accused including the appellants, with 20-30 unidentified persons, assembled and trespassed on the informant's plot, assaulted her party, abused Hiramani Devi by caste name and struck her with an iron rod, and took away her gold ornaments. Counsel urged that no specific allegation of assault attached to the appellants, the allegations being general and omnibus, and that the appellants themselves belong to the Scheduled Castes. Considering the aforesaid facts, the Court allowed the appeal, set aside the impugned order, and directed that on arrest/surrender within eight weeks the appellants be enlarged on bail on a bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Special Judge, Aurangabad.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1271 of 2024

Arising Out of PS. Case No.-487 Year-2023 Thana- RAFIGANJ District- Aurangabad

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Lallu Paswan @ Lalu Paswan @ Satish Kumar SON OF CHANDRADEEP PASWAN RESIDENT OF VILLAGE- NIMA VAJIT, PS- RAFIGANJ, DISTT- AURANGABAD

Mahendra Paswan SON OF AKSHAY PASWAN RESIDENT OF VILLAGE- NIMA VAJIT, PS- RAFIGANJ, DISTT- AURANGABAD

... ... Appellant/s

Versus

The State of Bihar

Mohini Kumari SON OF LATE JANESHWAR RAM RESIDENT OF VILLAGE- NIMA VAJIT, PS- RAFIGANJ, DISTT- AURANGABAD

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s : Mr. Aman Vishal , Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP

======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 12-12-2025

Heard learned counsel for the parties. Despite

valid service of notice, nobody appears on behalf of respondent No. 2.

This appeal has been filed for setting aside order dated 15.02.2024 passed in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and sections 3(i)(r) 3 (1) (s)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 27 of Arms Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.1271 of 2024(3) dt.12-12-2025 2/3

3 . The prosecution case, in brief, is that on 07.11.2023 at around 12:00 noon, all the five named accused persons, including these appellants along with 20–30 unidentified individuals, unlawfully assembled and trespassed upon the plot of land owned and possessed by the informant with the intention of forcibly taking over its possession. When the informant raised objection to such illegal act, she and others were allegedly assaulted by the accused persons. During the course of the assault, co-accused Raj Kumar Sao is alleged to have forcefully slammed one Hiramani Devi onto the ground and also abused by caste name, in the meantime, co-accused persons Amresh Paswan and Ankit Paswan assaulted by means of iron rod upon Hiramani Devi due to which she sustained injuries. Thereafter, co-accused Shailesh Paswan took away gold ornaments from informant.

It is submitted that there is no specific allegation of assault is against these appellants. Specific allegation of assault is against other co-accused persons. Allegation is general and omnibus against these appellants. These appellants also belongs to Schedule Castes and as such, no offence under section SC / ST Act is made out. Appellants claim clean antecedent.

5 . Learned special Public Prosecutor for the State

Patna High Court CR. APP (SJ) No.1271 of 2024(3) dt.12-12-2025 3/3

opposed the bail appeal.

Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge , Aurangabad in connection with Rafiganj Police Station Case No. 487 of 2023 .

(Prabhat Kumar Singh, J)

Koushik/-