Patna High Court
Shayra BegumversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is dismissed and the appellant's request for anticipatory bail is rejected.
Summary
The appellant Shayra Begum appealed against the order of the District and Additional Sessions Judge rejecting her anticipatory bail in a case involving alleged murder of Shiv Kumar and Tabrej Alam and alleged caste-based atrocities. The prosecution alleged that the appellant, along with others, strangulated the victims, disposed of their bodies in a septic tank, and used caste slurs. The defence argued that the appellant was innocent, that the deaths were accidental during pipe‑fitting work, and that there was no evidence of caste abuse, citing a post‑mortem report. The Special Public Prosecutor contended that the appellant was specifically named in the FIR and the accusations were grave. Considering the specific and direct nature of the accusations and the seriousness of the offences under the B.N.S. and the SC/ST (Prevention of Atrocities) Act, the High Court rejected the anticipatory bail and dismissed the appeal.
Issues considered
- Whether anticipatory bail should be granted to the appellant in view of the serious charges under the B.N.S. and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the prosecution evidence is sufficient to justify denial of bail.
- Whether the alleged caste‑based slurs constitute an offence under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- B.N.S. — s. 103, 105, 238, 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- murder
- caste based atrocity
- bail rejection
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1473 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- SRINAGAR District- West Champaran
======================================================
Shayra Begum W/o Shakim Miyan Resident of village - Bagahai
Baghambarpur, P.S - Srinagar (Pujaha), District - West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Rudal Ram S/o Late Paragan Ram Resident of village - Bagahi
Baghambarpur, P.S - Srinagar (Pujaha), District - West Champaran
3. Mumtaz Khatoon W/o Hamid Miyan Resident of village - Bagahi
Baghambarpur, P.S - Srinagar (Pujaha), District - West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Umesh Chanbdra Verma, Advocate
Mr. Hemant Ray, Advocate
For the State : Mr. Binay Krishna, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. This appeal has been filed for setting aside order
dated 25.03.2026 passed by the learned District and Additional
Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, West
Champaran at Bettiah in connection with A.B.P. No. 2772 of
2025 arising out of Srinagar (Pujaha) P.S. Case No. 224 of 2025,
registered for the offence punishable under Sections 103, 238,
105 and 3(5) of the B.N.S. and Section 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.1473 of 2026(2) dt.25-06-2026
2/3
Atrocities) Act, whereby the prayer for grant of anticipatory
bail of this appellant has been rejected.
3. As per prosecution case, informant alleged that on
12.09.2025, all the F.I.R. named accused persons, including this
appellant, killed Shiv Kumar and Tabrej Alam by strangulating
them with a rope and in order to destroy the evidence, dropped
their dead bodies in septic tank and also threatened the
informant and others and abused them with caste based slurs.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. Informant is not an eye witness of the
occurrence and only on suspicion, appellant has been made an
accused in this case. On the day of occurrence, while doing the
job of wiring and pipe fitting, the deceased fell into septic
chamber full of toxic gas and lost their lives. Post mortem report
does not support the prosecution case. There is no allegation of
abuse by caste name and as such, no case under the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act is
made out against this appellant. Appellant claims clean
antecedents.
5. On the other hand, learned Spl. P.P. appearing for
the respondent-State has vehemently opposed the prayer for
Patna High Court CR. APP (SJ) No.1473 of 2026(2) dt.25-06-2026
3/3
grant of bail to the appellant and submitted that appellant is
named in the F.I.R. and there is specific accusation that he,
along with other accused persons, killed Shiv Kumar and Tabrej
Alam by strangulating them and dropped their dead bodies in
septic tank in order to destroy the evidence.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, appellant’s prayer for grant of pre-arrest bail is rejected
and this appeal is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
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