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Patna High Court

Chhotu Sah @ Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the refusal and granted anticipatory bail to the appellant.

Summary

The appellant, Chhotu Sah (Shivam Kumar), was named in an FIR alleging caste-based abuse and assault on a police informant, along with eleven accused. He sought anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, but the Additional Sessions Judge refused it. The appellant argued that the FIR does not specifically allege any abusive act by him and that he has a clean antecedent, contending that the alleged abuse was directed at other accused. The Special Public Prosecutor opposed bail but could not refute the appellant’s claim of lack of specific allegation against him. The Patna High Court set aside the lower court’s order, granting anticipatory bail with standard bond and surety conditions, and allowed the appeal.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act despite being named in the FIR.
  • Whether the FIR specifically implicates the appellant in the alleged caste‑based abuse and assault.
  • Whether the refusal of anticipatory bail by the Additional Sessions Judge was justified.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based offence
  • Section 14-A
  • bail conditions
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1590 of 2026
                   Arising Out of PS. Case No.-586 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Chhotu Sah @ Shivam Kumar S/o Prabhu Sah @ Prabhu Prasad Resident Of
                 Village - Malahi Nahar Chowk, P.S. - Bairiya, Dist. - West Champaran.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rajeshwar Manjhi PTC Posted at Dial 112, P.S. - Bairiya, Dist. - West
                 Champaran. Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ram Kishun Prasad
                 For the Respondent/s    :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

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

                   Scheduled Castes and Scheduled Tribes (Prevention of

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

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 01.04.2026 passed by the learned Additional

                   Sessions Judge, 1st cum Special Judge, SC/ST Act, Bettiah in

                   connection with Bairiya P.S. Case No. 586 of 2025 registered

                   under Sections 126(2), 115(2), 191(2), 117(2), 190, 132, 121(1),

                   352, 351(2), 3(5) of the B.N.S. and Sections 3 (i)(r) (s) 3(2) (va)

                   of the SC/ST Act.
Patna High Court CR. APP (SJ) No.1590 of 2026(2) dt.14-05-2026
                                             2/3




                       3. Learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent. It is next submitted that informant alleges that on

          05.12.2025 at about 20.45 P.M. while he along with police

          personnel at Malhi Nahar crossing were present, when eleven

          named accused persons including the appellant came and started

          abusing him by taking caste name after seeing his batch and

          Alok, Chandan and Raj Kumar assaulted and damaged the

          police vehicle and Chandan was arrested.

                       4. Learned counsel for the appellant submits that FIR

          has been instituted by a police official hence is being

          represented by the learned Special P.P. It is further submitted

          that from perusal of the allegation as alleged in the FIR, it

          would manifest that no specific allegation of abuse and assault

          is alleged against the appellant. It is next submitted that the

          specific allegation of abusing the informant by taking caste

          name and assaulting is against Alok, Chandan and Raj Kumar. It

          is further submitted that it does not appear probable that all

          accused in one would have abused the informant.

                       5. Learned Special Public Prosecutor for the State

          opposes the prayer for anticipatory bail of the appellant but then

          is not in a position to rebut the submission made by learned
             Patna High Court CR. APP (SJ) No.1590 of 2026(2) dt.14-05-2026
                                                          3/3




                       counsel appearing on behalf of the appellant that no specific

                       allegation of abuse and assault is alleged against the appellant.

                                    6. After hearing the learned counsel for the parties, the

                       order impugned is set aside.

                                    7. Let the appellant, above-named, in the event of his

                       arrest or surrender within a period of six weeks from the date of

                       receipt of the order, be released on anticipatory bail on

                       furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                       each with two sureties of the like amount each to the satisfaction

                       of the learned Trial Court where the case is pending in

                       connection with the Bairiya P.S. Case No. 586 of 2025, subject

                       to the conditions as laid down under Section 482(2) of the

                       B.N.S.S.

                                    8. The appeal stands allowed



                                                  (Satyavrat Verma, J)
amit/-

U        T


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