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Patna High Court

Vikash ChaubeyversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the lower court’s order denying bail is set aside and the appellant is released on bail.

Summary

The appellant, Vikash Chaubey, appealed against the denial of bail in a case where he was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly setting fire to a hut, looting jewellery and cash, and assaulting two daughters. The prosecution alleged that the accused committed arson, looting and assault, while the defence argued that the appellant was not named in the FIR, no witness implicated him, no injury occurred, and there was no caste insult in public view, contending that the charges were fabricated due to a land dispute. The Special Public Prosecutor opposed bail, but the High Court, considering the lack of specific allegations, the appellant’s clean record and the circumstances of custody, set aside the lower court’s order and allowed the appeal. The court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions that one bailor be a close family member and that the appellant appear at every trial date, with cancellation possible after two consecutive defaults. The decision underscores the court’s view that the prosecution had not established a prima facie case justifying continued detention.

Issues considered

  • Whether the appellant is entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether the prosecution has established a prima facie case linking the appellant to the alleged arson, looting and assault.
  • Whether the alleged conduct amounts to an offence under the SC/ST Act, i.e., whether a caste insult in public view occurred.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • arson
  • looting
  • caste-based offence
  • prima facie case

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3940 of 2025
                      Arising Out of PS. Case No.-382 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Vikash Chaubey S/O Late Vedvyas Chaubey Village- Kateya Ward No.8, P.S-
                 Kateya, District- Gopalganj

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Shiv Kumari Devi W/O Late Krishna Bhar Village- Kateya Ward No.7, P.S-
                 Kateya, District- Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sachina, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                 For the Informant       :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   22-01-2026                   Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 20.08.2025 passed by learned District

                   and Additional Sessions Judge- 11th cum Special Judge, SC/ST

                   Act, Gopalganj whereby the prayer for bail of the appellant in

                   connection with Kateya P.S. Case No. 382 of 2025 under

                   Sections 115(2), 126(2), 326(F), 303(2), 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of

                   SC/ST Act was rejected.

                               3. The prosecution case, in short, is that the accused

                   persons set fire to the informant’s hut, pushed her family
Patna High Court CR. APP (SJ) No.3940 of 2025(4) dt.22-01-2026
                                             2/3




          towards the fire, looted jewellery and cash, assaulted her two

          daughters.

                      4. Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case due to previous land dispute which is evident from

          the perusal of the FIR itself. Appellant is not named in the F.I.R.

          The name of the appellant transpired in this case during

          investigation. Learned counsel further submitted that none of

          the witnesses have named the appellant that he was involved in

          the alleged occurrence. He further submitted that no one got

          injured in the alleged occurrence. Learned counsel further

          submitted that there is no specific allegation against the

          appellant. 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. Charge-

          sheet has       been submitted in this case. The appellant is in

          custody since 18.08.2025 and has no criminal antecedent.

                      5. Learned Special P.P. for the State vehemently

          opposed the prayer for grant of bail to the appellant.

                       6. Considering the aforesaid facts and circumstances
           Patna High Court CR. APP (SJ) No.3940 of 2025(4) dt.22-01-2026
                                                        3/3




                     of the case 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 20.08.2025

                     passed by learned District and Additional Sessions Judge- 11th

                     cum Special Judge, SC/ST Act, Gopalganj in connection with

                     Kateya P.S. Case No. 382 of 2025 is hereby set aside.

                                  7. Let the appellant, abovenamed, be released on bail

                     on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of Court below/concerned Court in connection with

                     Kateya P.S. Case No. 382 of 2025, subject to the following

                     conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the appellant.

                                  (II) The appellant shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the appellant.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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