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Patna High Court

Shivam Kumar @ shivam OjhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                       3/3




                    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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