Patna High Court
Shivam Kumar @ shivam OjhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is maintainable and the order rejecting it is set aside.
Summary
Shivam Kumar was accused of assaulting a government informant who was conducting geotagging in a Panchayat when the informant refused to tag a wrong house. The informant alleged that the assault and verbal abuse were motivated by his SC/ST status, leading to charges under the SC/ST (Prevention of Atrocities) Act and related sections of the Bihar Penal Code. The Additional Special Judge denied the appellant's anticipatory bail application. On appeal, the Patna High Court examined whether the incident constituted an offence under the SC/ST Act or was merely a political dispute, and held that the FIR did not show a caste‑based motive. Consequently, the court allowed the anticipatory bail, set aside the lower court's order, and directed bail on condition of a bond and sureties.
Issues considered
- Whether the alleged assault and caste‑based abuse constitute an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail under Section 438 of the CrPC is maintainable in the present facts.
- Whether the FIR demonstrates that the offence was committed on the ground of the informant's SC/ST status.
Legislation cited
- Bihar Negotiable Sale and Settlement (BNSS) Act — s. 482(2)
- Bihar Penal Code (BNS) — s. 115(2), 118(1), 126(2), 3(5), 352
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- assault
- political dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3741 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- SC/ST District- Saran
======================================================
Shivam Kumar @ shivam Ojha son of Lal Dev Ojha Resident Of Village-
Maujegoa, Ps- Sahajitpur, Dist- Saran
... ... Appellant/s
Versus
The State of Bihar bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Harsh Anuj
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the learned counsel for the appellant and
learned APP for the State. Though notice was issued to the
informant of this case, who is a government official but no
counter affidavit has been filed on his behalf.
2. This appeal is preferred against the order dated
12.08.2025 passed by the learned Additional Special Judge,
Saran at Chhapra in ABP No. 3076 of 2025 in connection with
Saran SC/ST P.S. Case No. 24 of 2025 registered for the offence
under Sections 115(2), 126(2), 118(1), 352, 3(5) of the BNS and
under section 3(1)(r)(s) of S.C/S.T. (POA) Act by which
anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, the informant has
alleged that when he was doing Geotagging in Panchayat, the
accused persons came to him and pressurized him to do
Patna High Court CR. APP (SJ) No.3741 of 2025(4) dt.12-03-2026
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Geotagging of wrong house but when the informant refused to
do the same, he was assaulted and was abused by caste name.
4. Learned counsel for the appellants submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
the occurrence has taken place because of village politics and
therefore the application of the anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that he is a member of SC/ST community and
primarily, it appears to be a dispute because of village politics
and the same has not been done because the informant is a
member of SC/ST community, therefore, this application for
grant of anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 12.08.2025, is hereby set aside.
8. Let the appellant, in the event of his arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
Patna High Court CR. APP (SJ) No.3741 of 2025(4) dt.12-03-2026
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each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge, SC/ST Act, Saran at
Chhapra/concerned Court below in in connection with Saran
SC/ST P.S. Case No. 24 of 2025, subject to the conditions laid
down under Section 438(2) of the Code of Criminal
Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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