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Patna High Court

Chanchala DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted, setting aside the order of the Additional Sessions Judge.

Summary

Chanchala Devi appealed against the denial of bail in a case where she was charged under Sections 126(2), 115(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for an alleged assault on 16 April 2025. The informant claimed the accused assaulted him with a danda and brick pieces, causing injuries that later proved fatal. The appellant contended that the FIR contained no specific allegation against her, that she never used the informant's caste name in public, and that she had no criminal antecedents, having been in custody since 21 June 2025. The State and the informant opposed bail, emphasizing the seriousness of the offence and the victim's death. The High Court, noting the lack of a specific charge against the appellant and the prolonged pre‑trial detention, set aside the lower court’s order and granted bail on condition of a Rs.15,000 bond with two sureties. Consequently, the appeal was allowed and the appellant was released on bail.

Issues considered

  • Whether the appellant is specifically chargeable under the SC/ST (Prevention of Atrocities) Act in the present case.
  • Whether the lower court erred in refusing bail despite the appellant's lack of specific allegation and prolonged custody.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • assault
  • pre‑trial detention
  • Bharatiya Nyaya Sanhita
  • caste discrimination

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3571 of 2025
                       Arising Out of PS. Case No.-195 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Chanchala Devi W/O Sanjay Prasad Resident of Village- Sairapar, P.S-
                 Chandi, District- Nalanda (Bihar).

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Mithilesh Chaudhary (Died) (Vide Hon'ble Court order dated 27-11-2025)
                 S/O Bhola Chaudhary R/O Village- Sairapar, P.S- Chandi, Distt.- Nalanda
                 (Bihar).
           3.    Amarjeet Kumar S/O Late Mithilesh Chaudhary R/O Village- Sairapar, P.S-
                 Chandi, Distt.- Nalanda (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Shashank Chouhan, Advocate
                 For the State           :        Mr. Sadanand Paswan, SPP
                 For the Informant       :        Mr. Ram Sumiran Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   12-02-2026             Heard learned counsel for the appellant, learned Special

                   Public Prosecutor for the State and learned counsel for the

                   informant. Perused the case diary.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 19.07.2025 passed by learned Additional

                   Sessions Judge-VI-cum-Special Judge, SC/ST (PoA) Act,

                   Biharsharif, Nalanda whereby the prayer for bail of the

                   appellant in connection with Chandi PS Case No. 195 of 2025

                   instituted under Sections 126(2), 115(2), 103(1) & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r)(s) & 3(2)(v)
Patna High Court CR. APP (SJ) No.3571 of 2025(6) dt.12-02-2026
                                             2/3




          of SC/ST Act was rejected.

                  3.      The prosecution case, in brief, is that on

          16.04.2025 at about 2:00 P.M., the informant alleged that the

          accused persons assaulted him near his house with danda and

          brick pieces with intent to kill. It is alleged that during the

          assault informant sustained injuries on his left leg and neck.

                  4.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the appellant submits that from perusal of

          the FIR, it would manifest that there is no specific allegation

          against the appellant, rather the same is general and omnibus in

          nature. It is next submitted that there is case and counter case

          between the parties. Learned counsel for the appellant further

          submits that the appellant has not taken the caste name of the

          informant in public view. Hence, no offence under the

          provisions of SC/ST Act is made out against him. The appellant

          has no intention to disgrace the image of the informant in public

          view. The appellant is in custody since 21.06.2025 and has no

          criminal antecedent.

                  5.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the
           Patna High Court CR. APP (SJ) No.3571 of 2025(6) dt.12-02-2026
                                                        3/3




                     petitioner. It is submitted that injured later succumbed to

                     injuries.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, there being no specific allegation against the

                     appellant and the period of custody undergone by the appellant,

                     this Court is inclined to allow this appeal. Accordingly, the

                     appeal is allowed and order dated 19.07.2025 passed by

                     Additional Sessions Judge-VI-cum-Special Judge, SC/ST (PoA)

                     Act, Biharsharif, Nalanda is hereby set aside.

                             7.      Let the appellant be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Chandi PS Case No.

                     195 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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