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Patna High Court

Jai Sharma @ Jai Kumar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that anticipatory bail should be granted conditionally, setting aside the lower court’s refusal.

Summary

The appellants, Jai Sharma and Subodh Sharma, were accused of extorting a hen, assaulting a woman, snatching her gold chain, and attempting to rape her while also using caste-based abusive language. The FIR was lodged four days after the alleged incident, and the Special Judge had denied their anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants argued innocence, lack of a public caste insult, and procedural deficiencies in the FIR. The High Court examined the delay, the private nature of the alleged caste abuse, and the applicability of sections of the Bihar Negotiable (B.N.S.) and concluded that bail could be granted subject to conditions. Consequently, the court set aside the lower court’s order and allowed the appeal, directing that the appellants be released on bail upon furnishing bond and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the SC/ST (Prevention of Atrocities) Act for alleged offences of extortion, assault, attempted rape and caste-based abuse.
  • Whether the four‑day delay in lodging the FIR and the absence of a public caste insult affect the grant of anticipatory bail.
  • Whether the alleged acts satisfy the elements of Sections 74 and 303(2) of the Bihar Negotiable (B.N.S.) and thus warrant denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste abuse
  • assault
  • extortion
  • attempted rape
  • FIR delay
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2627 of 2025
                         Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Vaishali
                 ======================================================
           1.     Jai Sharma @ Jai Kumar Sharma S/o- Late Ram Ishwar Sharma Village-
                  Akbar Malahi Ps- Sarai Dist- Vaishali
           2.    Subodh Sharma @ Subodh Kumar S/o- Late Ram Ishwar Sharma Village-
                 Akbar Malahi Ps- Sarai Dist- Vaishali

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Sangita Devi W/o- Rakesh Ram Village- Akbar Malahi Ps- Sarai Dist-
                 Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :          Mr. Krishna Prabhat, Advocate
                 For the Respondent/s   :          Mr. Usha Kumari 1, Spl.PP
                 For the Respondent No.2:          Mr. Ravish Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   26-02-2026                   Heard learned counsel for the appellants, learned

                   counsel for the respondent No.2 and learned Special Public

                   Prosecutor appearing for the State.

                                   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

                   17.06.2025 passed by learned Exclusive Special Judge, SC/ST,

                   Vaishali at Hajipur, in A.B.P. No. 1085/2025 arising out of

                   Hajipur SC/ST P.S. Case No. 17 of 2025 registered under

                   Sections 115, 351(2), 303(2), 74 and 3(5) of B.N.S. and Sections

                   3(1)(r)(s)(w)(i)/ 3(2)(va) of Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.2627 of 2025(3) dt.26-02-2026
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          Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer

          for grant of anticipatory bail of the appellants has been rejected.

                          3. As per the prosecution case, the informant

          alleged that on 09.03.2025 at about 02:00 PM, while she was

          working at her shop, in the meantime, the appellants came and

          allegedly demanded a hen from her as extortion. On being

          opposed by the informant, the appellants abused by taking caste

          name. It is further alleged that appellant no.2 caught hold of her

          hair, while appellant no.1 assaulted and snatched her gold chain

          worth of Rs. 25,000/- and both the appellants attempted to

          commit rape upon her taking advantage of the fact that she was

          alone at the time.

                          4. Learned counsel for the appellants submits that

          the appellants are innocent and have not committed any offence.

          He further submits that the appellants have one criminal

          antecedent as stated in para-3 of this appeal. It has been further

          submitted that there is delay of four days in lodging the present

          FIR and in fact there was dispute between the parties on the

          point of purchase of certain articles and there has been an

          exaggerated version of the occurrence. Moreover, no incredients

          of Section 74 of B.N.S. has been satisfied so as to attract the

          penal provision of the said section and Section 303(2) of B.N.S.
Patna High Court CR. APP (SJ) No.2627 of 2025(3) dt.26-02-2026
                                             3/4




          appears to be ornamental in nature. 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

          as the alleged occurrence took place. Hence, the impugned order

          may be set aside and the appellants may be granted the privilege

          of anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          and learned counsel for respondent no.2 have vehemently

          opposed the prayer for grant of anticipatory bail to the

          appellants and submitted that a poor lady has been subjected to

          harassment by the appellants.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that there is delay in lodging the FIR

          and no abuse appears to be taken within the public view, let the

          above named appellants, in the event of their arrest/surrender

          within a period of six weeks, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

          of the like amount each to the satisfaction of learned Exclusive

          Special Judge, SC/ST, Vaishali at Hajipur, in connection with

          Hajipur SC/ST P.S. Case No. 17 of 2025 subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.
           Patna High Court CR. APP (SJ) No.2627 of 2025(3) dt.26-02-2026
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                                  7. Accordingly, this appeal is allowed and the

                     impugned order dated 17.06.2025 rejecting the prayer for grant

                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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