Patna High Court
Chhotan Chaubey @ Vinay ChaubeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the lower court's order denying bail is set aside and bail is granted to the appellant.
Summary
Chhotan Chaubey was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly setting fire to an informant's hut, looting jewellery and cash, and assaulting her daughters. The trial court rejected his bail application. On appeal, the appellant argued that he was falsely implicated due to a land dispute, that no witness named him, that no one was injured, and that he did not publicly use the informant's caste name, thus no offence under the SC/ST Act. The State opposed bail. The Patna High Court, considering the lack of specific allegations, the appellant's clean record and the period of custody already served, set aside the lower court's order and granted bail with a cash bond and sureties, imposing conditions of appearance and family surety.
Issues considered
- Whether bail should be granted to the appellant despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the facts alleged constitute an offence under the SC/ST Act, particularly the requirement of using the victim's caste name in public view.
- Whether the appellant's custody period and the absence of direct evidence against him justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 326(F), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- criminal procedure
- SC/ST Act
- scheduled caste
- arson
- robbery
- assault
- presumption of innocence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4138 of 2025
Arising Out of PS. Case No.-382 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Chhotan Chaubey @ Vinay Chaubey Son of Gautam Chaubey R/o Village -
Kateya, Ward No. 8, P.S. - Kateya, Dist. - Gopalganj.
... ... Appellant/s
Versus
1. The State of Bihar
2. ShivKumari Devi W/o Late Krishna Bhar R/o Village - Kateya, Ward no. 7,
P.S. - Kateya, Dist. - Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vikash Kumar Shukla, Advocate
For the Respondent/s : Mr. Sadanand Paswan, APP
======================================================
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 14.09.2025 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.4138 of 2025(4) dt.22-01-2026
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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. 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 31.08.2025 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 of
the case and the period of custody undergone by the appellant,
this Court is inclined to allow this appeal. Accordingly, the
Patna High Court CR. APP (SJ) No.4138 of 2025(4) dt.22-01-2026
3/3
appeal is allowed and order dated 14.09.2025 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)
Raj Kishore/-
U T
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