Patna High Court
Chhotu Sah @ Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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/-
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