Patna High Court
Chanchala DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(r)(s)
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
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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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