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Patna High Court

Chhoti DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, in the absence of any prima facie allegation of caste‑based abuse, the incident does not fall within the ambit of the SC/ST (Prevention of Atrocities) Act and the appellant is entitled to bail.

Summary

Chhoti Devi appealed to the Patna High Court under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act against the order of the Special Judge dated 20.05.2026 that had denied her bail. The FIR alleged that she, along with several villagers, pelted stones at a police raid team, damaging a vehicle and injuring officers. The appellant contended that the police officer who conducted the raid was a Scheduled Caste member, but there was no allegation in the FIR that the stone‑pelting was motivated by caste hatred. The High Court held that the allegation of caste‑based abuse was not made on the face of the FIR and therefore the offence could not be treated as an atrocity under the SC/ST Act. Consequently, the court directed that she be released on bail with a bond of Rs.10,000 and two sureties, set aside the impugned order, and allowed the appeal.

Issues considered

  • Whether the stone‑pelting incident alleged in the FIR amounts to an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether the appellant is entitled to bail under Section 438(2) of the Criminal Procedure Code in the absence of a prima facie caste‑based motive.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste atrocity
  • stone pelting
  • police raid
  • prima facie allegation
  • clean antecedent
  • limitation period

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2301 of 2026
                    Arising Out of PS. Case No.-361 Year-2025 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Chhoti Devi Wife of Dukhi Mahto Resident of Village- Chandchaur, P.S.-
                 Ujiarpur, District- Samastipur
                                                                        ... ... Appellant/s
                                                Versus
                 The State of Bihar
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Suraj Kumar, Adv
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                   Heard the parties.

                               2. The appellant has preferred the present appeal

                   under Section 14A(2) of the Scheduled Castes and Scheduled

                   Tribes (Prevention of Atrocities) Act (for short ‘the Act’) against

                   the order dated 20.05.2026 passed by the learned Special Judge,

                   SC/ST, Samastipur in A.B.P. No. 1004/2026 in connection with

                   Ujiarpur P.S. Case No. 361/2025 registered under Sections

                   126(2), 115(2), 117(2), 109, 191(2)(3), 190 and 121(1)(2) of the

                   BNS and Sections 3(i)(r)(s) and 3(2)(v) of the SC/ST (POA)

                   Act.

                               3. Present appeal is well within limitation as

                   prescribed under Section 14A(3) of the Act.

                              4. As the informant in this case is police official,

                   therefore, learned Spl. PP accepted notice on behalf of

                   informant.
Patna High Court CR. APP (SJ) No.2301 of 2026(2) dt.02-07-2026
                                             2/3




                      5. As per FIR, informant who is ASI of Bihar Police,

          when went to conduct raid along with police officials in

          connection with illegal excise activities, the appellant along

          with 14 named and 20-25 unknown villagers pelted stone on

          police team, as a result of which police vehicle was damaged

          and some of the police officials received injuries during the

          occurrence.

                      6. Learned counsel appearing for the appellant

          submitted that informant conducted raid in his official capacity

          being ASI of Bihar Police. It is submitted that appellant was not

          aware about the fact that informant who is police officer is a

          member of SC community. It is submitted that even FIR is not

          disclosing any allegation qua abusing in caste name in public

          view, therefore, implication of appellant under SC/ST Act

          appears bad in the eyes of law. In support of his submission

          learned counsel relied upon the legal report of Hon’ble Supreme

          Court as available through Hitesh Verma v. State of

          Uttarakhand, [(2020) 10 SCC 710]. Appellant is a lady and

          claimed clean antecedent.

                       7. Learned Special P.P. opposed the prayer of bail.

                       8. In view of the facts and circumstances, as

          mentioned above and by taking note of fact as allegation qua
               Patna High Court CR. APP (SJ) No.2301 of 2026(2) dt.02-07-2026
                                                            3/3




                         pelting stone is appearing very much general and omnibus

                         against this appellant, where prima-facie no allegation of

                         abusing in caste name appears against appellant, accordingly,

                         above-named appellant, who is a lady of clean antecedent, in the

                         event of her arrest or surrender before the learned trial Court,

                         within a period of four weeks of the order, is directed to be

                         released on bail furnishing bail bond of Rs. 10,000/- (Rupees

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

                         satisfaction of the learned Special Judge, SC/ST Act,

                         Samastipur/concerned Court, where the case is pending in

                         connection with Samastipur in A.B.P. No. 1004/2026 in

                         connection with Ujiarpur P.S. Case No. 361/2025, subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C.

                                      9. Accordingly, impugned order dated 20.05.2026 is

                         hereby set aside/quashed.

                                      10. Hence, appeal stands allowed.


                                                                  (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T


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