Raushan Rawani @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2836 of 2025 Arising Out of PS. Case No.-112 Year-2025 Thana- DELHA District- Gaya ====================================================== Raushan Rawani @ Raushan Kumar S/o- Late Surendra Rawani MohallaMurli Hill Sako Gali PS- Kotwali Dist- Gaya ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Gopal Paswan S/o- Mishri Paswan Mohalla- Andar Bairagi Ps- Delha DistGaya ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Vijay Kumar For the Respondent/s :
Mr.Sadanand Paswan For the OP No.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-10-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Notice has validly been served but none appeared on behalf of the OP No. 2.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 25.06.2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Gaya in B.P. No. 2066 of 2025 arising out of Delha P.S. Case No. 112 of 2025 dated 19.05.2025 registered for the offence/s punishable u/ss 126(2), 115(2), 132, 308(2), 109, 76, 352 read with section 3(5) of the BNS, section 27 of the Arms Act and sections 3(2)(v), 3(1)(r), 3(1) (s) of the
Patna High Court CR. APP (SJ) No.2836 of 2025(4) dt.16-10-2025 2/3 SC/ST (POA) Act.
3. As per the prosecution case, the appellant and the co-accused persons along with 4-5 unknown miscreants came where the work of Nal Jal Yojana was going on and they stopped the work and started abusing the labours. When the informant came to know about it, he went there and saw that the accused persons misbehaved with one Sonia Devi and tore her clothes and Chootu Yadav assaulted her with fists. It is further alleged that the other co-accused persons also assaulted Sonu Kumar and the informant and abused the informant by calling his caste name and demanded Rs. One lakh as Rangdari. When the informant tried to call police, in the meantime, Chhotu Yadav fired on the informant with intention to kill and the bullet hit his thigh causing injury to him.
4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. The specific allegation of firing is against the co-accused Chhotu Yadav. The informant sustained bullet injury on the non-vital part of the body. As per FIR, no member of public was present at the relevant point of time of the alleged
Patna High Court CR. APP (SJ) No.2836 of 2025(4) dt.16-10-2025 3/3 incident hence no case is made out under SC/ST Act. The appellant has one criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 27.05.2025.
5. Learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 25.06.2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Gaya in B.P. No. 2066 of 2025 arising out of Delha P.S. Case No. 112 of 2025, is set aside against the appellant. The criminal appeal is allowed.
7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST (POA) Act, Gaya in B.P. No. 2066 of 2025 arising out of Delha P.S. Case No. 112 of 2025.
(Chandra Prakash Singh, J) guddukr/- U T