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Patna High Court

Vidhya Chand Jamadar @ Vidhyanand Kumar @ Vijay Chandra Jamadar @JaichandJamadar@Vidyachand KumarversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The High Court held that the offence under Section 3(1) of the SC/ST Act is not made out against the appellant and that his alleged involvement in the shooting is prima facie doubtful, warranting bail.

Summary

The appellant, Vidhya Chand Jamadar, was arrested in connection with a shooting case where his brother Shankar Jamadar allegedly killed the mother of an informant. The FIR named only Shankar Jamadar for the firing, and the appellant was later implicated solely because of his familial relationship, with no specific act attributed to him. The prosecution also alleged casteist abuse under the SC/ST Act, but the alleged abuse occurred inside the appellant's house, raising the question of the required "public place" element. The Additional Sessions Judge refused bail, but the Patna High Court found that the public‑place requirement for an offence under Section 3(1) of the SC/ST Act was not satisfied and that the appellant's involvement in the firing was prima facie doubtful. Consequently, the High Court set aside the lower court’s order, granted bail on a Rs.10,000 bond with two sureties, and directed the appellant’s release.

Issues considered

  • Whether the alleged casteist abuse committed inside a private residence satisfies the public place requirement of Section 3(1) of the SC/ST Act, 1989.
  • Whether the appellant can be held liable under Section 103(1) of the Bharatiya Nyaya Sanhita for the shooting when the FIR attributes the act solely to the co‑accused.
  • Whether bail should be granted to the appellant in view of the prima facie lack of involvement and the non‑applicability of the SC/ST offence.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • public place requirement
  • false implication
  • FIR
  • prima facie
  • scheduled caste
  • Arms Act
  • Bharatiya Nyaya Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1018 of 2026
                     Arising Out of PS. Case No.-60 Year-2025 Thana- Kalyan Bigha District- Nalanda
                 ======================================================
                 Vidhya Chand Jamadar @ Vidhyanand Kumar @ Vijay Chandra Jamadar
                 @JaichandJamadar@Vidyachand Kumar Son of Amirak Prasad @ Amirak
                 Jamadar R/o Village - Mokimpur, P.S. - Chandi, District - Nalanda.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rudal Kumar Son of Meghan Manjhi R/o Village - Badi Aamar, P.S. -
                 Kalyan Bigha, Dist. - Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Anil Kumar Singh, Advocate
                 For the Respondent/s    :        Mrs. Usha Kumari 1, APP
                 For the Resp. No.2      :        Mr. Subhash Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   26-05-2026                 Heard the parties.

                               2. This is an appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act)

                   against the order dated 17.02.2026 passed by the learned

                   Additional Sessions Judge VI cum Special Judge, SC/ST Act,

                   Biharsharif, Nalanda, whereby the prayer for bail of the

                   appellant was refused in connection with Kalyan Bigha P.S.

                   Case No. 60 of 2025, registered under Section 103(1) of the

                   Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and

                   Sections 3(2)(V) of the SC/ST Act.

                               3. The prosecution case as set out in the FIR is that
Patna High Court CR. APP (SJ) No.1018 of 2026(4) dt.26-05-2026
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          one Shankar Jamadar shot the mother of the informant on her

          chest. The informant has clearly identified Shankar Jamadar as

          the perpetrator. Despite this identification, Shankar Jamadar was

          not named in the FIR. He is stated to be the own brother of the

          appellant. The omission of his name from the FIR,

          notwithstanding his clear identification, is a circumstance that

          weighs in favour of the appellant at this stage.

                       4. Learned counsel for the appellant submits that no

          such occurrence as alleged ever took place and the appellant has

          been falsely implicated. The appellant was named during the

          course of investigation solely on account of being the brother of

          Shankar Jamadar. No specific role or overt act has been

          attributed to the appellant in the FIR. The specific allegation of

          firing is attributed only to Shankar Jamadar. As regards the

          SC/ST Act, it is submitted that the alleged use of casteist abuses

          against the informant took place inside the house of the

          appellant and not in any public place or public view. It is

          contended that in the absence of a public place, no offence

          under Section 3 of the SC/ST Act is made out against the

          appellant. The appellant has clean antecedents and has been in

          custody since 21.12.2025.

                       5. Learned Special Public Prosecutor for the State has
Patna High Court CR. APP (SJ) No.1018 of 2026(4) dt.26-05-2026
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          opposed the prayer for bail.

                       6. This Court has considered the facts of the case and

          the submissions advanced by learned counsel for the parties.

                       7. On the question of the SC/ST Act offence, it is well

          settled that for an offence under Section 3(1) of the SC/ST Act

          to be attracted, the act complained of must have been committed

          in a public place and in public view. The alleged casteist abuse

          is stated to have occurred inside the house of the appellant. On a

          prima facie consideration of the facts as they stand, the

          ingredient of public view does not appear to be satisfied.

          Accordingly, this Court is prima facie of the view that the

          offence under the SC/ST Act is not made out against the

          appellant at this stage. This finding is limited to the question of

          bail and shall not be treated as an expression on the merits of the

          case.

                       8. On the substantive offence under Section 103(1) of

          the Bharatiya Nyaya Sanhita, the specific act of firing has been

          attributed solely to the co-accused Shankar Jamadar. The

          appellant has not been assigned any specific role in the FIR. He

          came to be named only during the course of investigation, being

          the brother of the named accused. The belated introduction of

          the appellant into the case, without any independent overt act
Patna High Court CR. APP (SJ) No.1018 of 2026(4) dt.26-05-2026
                                             4/5




          attributed to him, renders his alleged involvement prima facie

          doubtful at this stage. The appellant has been in custody since

          21.12.2025 and has clean antecedents.

                       9. The learned court below refused bail without

          adequately engaging with the absence of any specific role

          attributed to the appellant in the FIR and the prima facie non-

          applicability of the SC/ST Act on account of the absence of a

          public place. The impugned order dated 17.02.2026 is

          accordingly liable to be set aside.

                       10. In view of the foregoing, this appeal is allowed.

          The order dated 17.02.2026 passed by the learned Additional

          Sessions Judge VI cum Special Judge, SC/ST Act, Biharsharif,

          Nalanda in connection with Kalyan Bigha P.S. Case No. 60 of

          2025 is hereby set aside.

                       11. Accordingly, the appellant Vidhya Chand Jamadar

          @ Vidhyanand Kumar @ Vijay Chandra Jamadar @ Jaichand

          Jamadar @ Vidyachand Kumar is directed to be released on bail

          upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Sessions Judge VI cum

          Special Judge, SC/ST Act, Biharsharif, Nalanda or the

          concerned court below in connection with Kalyan Bigha P.S.
            Patna High Court CR. APP (SJ) No.1018 of 2026(4) dt.26-05-2026
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                      Case No. 60 of 2025.



                                                        (Ansul, J)
Ranjeet/-

U      T


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