Patna High Court
Shiv Ratan Chauhan @ Shiv Jatan ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellate court allowed the appellant’s anticipatory bail, setting aside the order that had rejected it.
Summary
The appellant, Shiv Ratan Chauhan, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC provisions for allegedly assaulting an informant's son with an iron rod, firing a weapon, and using caste-based slurs on 13 October 2024. He applied for anticipatory bail, which was rejected by the Additional Session Judge. The appellant contended that the FIR contained only generic allegations against all accused and that the specific charge of firing pertained to a co‑accused, also arguing that the alleged caste abuse was not made in a public place. The prosecution opposed bail, asserting the appellant’s participation in the offence. The Patna High Court, noting that a co‑accused had been granted anticipatory bail by a coordinate bench, allowed the appeal, set aside the lower court’s order, and granted bail subject to conditions under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act in view of the alleged offences.
- Whether the allegations in the FIR against the appellant are specific enough to deny bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste-based violence
- assault
- firearms
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1086 of 2025
Arising Out of PS. Case No.-239 Year-2024 Thana- ASHTHAWAN District- Nalanda
======================================================
Shiv Ratan Chauhan @ Shiv Jatan Chauhan S/o Ramjatan Chauhan Resident
of village- Gannichak, P.S. Asthawan, District- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Tetari Kumari W/o Umesh Paswan R/o vill - Nigampura, P.S.- Ashtawan,
Distt.- Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arjun Prasad, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 25-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor appearing for the State. Although the
notice has been validly served upon respondent No.2, there is no
representation on his behalf.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
24.02.2025 passed by learned Additional Session Judge-VI th-
cum-Special Judge, SC/ST (PoA) Act, Nalanda in connection
with Asthawan P.S. Case No. 239 of 2024 registered under
Sections 191(2), 190, 126(2), 115(2), 352, 117(2) and 109 of the
B.N.S., Section 27 of the Arms Act and Section 3(1)(r)(s) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby the prayer for grant of
Patna High Court CR. APP (SJ) No.1086 of 2025(5) dt.25-02-2026
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anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, on 13.10.2024 at
06:00, while the informant was going to visit a doctor along
with his son and reached near the village temple, the appellant
and the co-accused persons are alleged to have asked them to
stop their vehicle, to which the son of the informant said that
they are going to a doctor, they assaulted the informant’s son
with iron rod and the co-accused Dayanand Chauhan opened
fire and abused the informant’s son by calling his caste name.
On hulla, villagers gathered and the informant’s son was taken
to hospital for treatment.
4. Learned counsel appearing for the appellant
submits that the appellant, who bears one criminal antecedent, is
innocent and has not committed the offence alleged. He further
submits that it appears from the F.I.R. itself that there is general
and omnibus allegation against all the accused persons. The
specific allegation of firing is against the co-accused Dayanand
Chauhan. It is also submitted that as regards the allegation of
abuse by caste name is concerned, it does not appear to be in a
public place as none of the persons have been disclosed before
whom the alleged abuse was made when the alleged occurrence
took place. It is further submitted that co-accused, Ram Ratan
Patna High Court CR. APP (SJ) No.1086 of 2025(5) dt.25-02-2026
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Kumar @ Ram Ratan Chauhan has been granted anticipatory
bail by a Co-ordinate Bench of this Court vide order 25.11.2025
passed in Cr. Appeal (SJ) No. 644 of 2025. Hence, the
impugned order may be set aside and the appellant may be
granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
has vehemently opposed the prayer for grant of anticipatory bail
to the appellant and submitted that the appellant has participated
in the present occurrence.
6. Considering the entire facts and circumstances of
the case and also the fact that the co-accused, having more or
less similar allegation, has already been granted the privilege of
anticipatory bail by a Co-ordinate Bench of this Court, let the
above named appellant, in the event of his arrest/surrender
within a period of six weeks, 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 the learned Additional
Session Judge-VIth-cum-Special Judge, SC/ST (PoA) Act,
Nalanda in connection with Asthawan P.S. Case No. 239 of
2024 subject to the conditions laid down under Section 482(2)
of the B.N.S.S.
7. Accordingly, this appeal is allowed and the
Patna High Court CR. APP (SJ) No.1086 of 2025(5) dt.25-02-2026
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impugned order dated 24.02.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is set aside.
(Praveen Kumar, J)
Shivam/-
U T
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