Patna High Court
Shiv Kumar @ Shivjee KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the order denying bail is set aside, with bail granted to the appellant.
Summary
Shiv Kumar appealed against the denial of bail by the Additional Sessions Judge in a case filed under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the accused, armed with lathi‑danda, trespassed on the informant’s land, demolished a wall, verbally abused her using caste slurs, assaulted family members, outraged the mother’s modesty and stole cash and ornaments. The appellant contended that the FIR was omnibus, with specific allegations directed at co‑accused, and that he did not use caste names in public, thus no offence under the SC/ST Act. The High Court observed that there was no specific allegation against the appellant and that he had already spent considerable time in custody. Consequently, the Court allowed the appeal, set aside the lower court’s order and granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the appellant is specifically chargeable under the SC/ST Act provisions alleged in the FIR.
- Whether the appellant’s conduct warrants denial of bail under the Bharatiya Nyaya Sanhita and SC/ST Act.
- Whether the lower court erred in refusing bail in the absence of specific allegations against the appellant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)(wi), 3(2)(v)
Subjects
- bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- caste based offence
- criminal procedure
- trespass
- intimidation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4346 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- SC/ST District- Saharsa
======================================================
Shiv Kumar @ Shivjee Kumar Son of Maheshwar Sah Resident Of Village-
Makhdumchak Nagar Ward No 13, Ps- Simri Bakhtiyarpur, Dist- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Guriya Kumari Daughter of Sundar Chaudhary Resident Of Village-
Makhdumchak Nagar Ward No 13, Ps- Simri Bakhtiyarpur, Dist- Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Mohan Jha, Advocate
For the State : Mr. Binay Krishna, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 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 27.09.2025 passed by learned Additional
Sessions Judge 1st cum Special Judge, SC/ST Act, Saharsa
whereby the prayer for bail of the appellant in connection with
Special Case No. 95 of 2025, arising out of SC/ST PS Case No.
37 of 2025 instituted under Sections 329(3), 329(4), 126(2),
115(2), 109, 74, 303(2), 352, 351(2) & 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 3(1)(r)(s)(wi) and 3(2)(v) of
SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.4346 of 2025(4) dt.12-02-2026
2/3
3. The prosecution case, in brief, is that the accused
persons, armed with lathi-danda, unlawfully trespassed upon the
informant’s land, demolished her boundary wall, abused her by
caste name, assaulted her and her family members causing
injuries, outraged her mother’s modesty, and forcibly took away
cash and ornaments. It is further alleged that they criminally
intimidated the family with threats to kill them if they did not
give passage over the disputed land.
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.
From perusal of the FIR, it would reveal that there is no specific
allegation against the appellant, rather the same is general and
omnibus in nature. It is submitted that specific allegation is
against co-accused, Maheshwar Sah and Manoj Sah. It is next
submitted that injury of the injured is found to be simple in
nature. 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 22.07.2025 and has no criminal
Patna High Court CR. APP (SJ) No.4346 of 2025(4) dt.12-02-2026
3/3
antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
petitioner.
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 petitioner,
this Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and order dated 27.09.2025 passed by learned
Additional Sessions Judge 1st cum Special Judge, SC/ST Act,
Saharsa 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 Special Case No. 95
of 2025, arising out of SC/ST PS Case No. 37 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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