Patna High Court
Md. Shahil @ Md. Sahid GaddiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court held that the ingredients of the SC/ST Act are not made out against the appellant and therefore granted anticipatory bail, setting aside the lower court’s order.
Summary
The appellant, Md Shahil Gaddi, was named in an FIR alleging assault and the theft of Rs 30,000 from the informant’s brother. The prosecution charged him under several sections of the Bharatiya Nyaya Sanhita, 2023 and sections 3(i), (r), (s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant contended that he had no involvement in the assault, that the only allegation was the alleged theft, and that the matter had been amicably settled by a compromise petition filed by the parties. The Special Public Prosecutor acknowledged the compromise but argued that the appellant should not be released on bail. The High Court examined whether the ingredients of the SC/ST Act were established against the appellant and, finding none, granted anticipatory bail subject to conditions, setting aside the lower court’s order denying bail.
Issues considered
- Whether the ingredients of the SC/ST (Prevention of Atrocities) Act, 1989 are made out against the appellant.
- Whether anticipatory bail can be granted in view of the compromise between the parties.
- Whether the allegation of theft under the Bharatiya Nyaya Sanhita, 2023 warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 127(2), 303(2), 3(5)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- compromise petition
- theft
- Bharatiya Nyaya Sanhita
- scheduled caste
- scheduled tribe
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4712 of 2025
Arising Out of PS. Case No.-272 Year-2025 Thana- MUFFASIL District- West Champaran
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Md. Shahil @ Md. Sahid Gaddi S/o Sri Jokhu Gaddi Resident of village -
Singhachhapar ward no. 33, P.S - Bettiah Muffasil, District - West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Amardeep Kumar S/o Late Rudal Baitha R/o Village - Singhachhapar, Ward
No. 33, P.S - Bettiah Muffasil, District - West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Hemant Ray, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 16-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The present Cr. Appeal (SJ) application has been
filed seeking grant of bail and setting aside the order dated
16.10.2025 passed by the District & Additional Sessions Judge-
I-cum-Special Judge, SC/ST, Bettiah, West Champaran in
Anticipatory Bail Petition No. 2305 of 2025 arising out of
Bettiah Muffasil P.S. Case No. 272 of 2025, for the offence
punishable under sections 126(2), 127(2), 115(2), 118(1),
109(1), 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
sections 3(i)(r)(s) of the Scheduled Castes & the Scheduled
Tribes (Prevention Of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.4712 of 2025(3) dt.16-04-2026
2/4
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present appellant. The
allegation in the FIR is that the accused person Bagad Gaddi has
assaulted the informant by gadasa on his head, due to which,
injury has been caused. When the informant’s brother came to
rescue him, then the accused person Mumshahid Gaddi
assaulted him by dabiya and also abused him. The allegation
against the present appellant is that he along with another
accused person have snatched Rs.30,000/- from the pocket of
the informant’s brother.
4. Learned counsel for the appellant submits that the
appellant is innocent and has committed no offence. Counsel
submits that the appellant has clean antecedent. He submits that
the entire family members have been made accused in this case
and against the present appellant, there is no specific allegation
either of assault or of abuse. The only allegation against the
appellant is that he along with another accused person have
snatched Rs.30,000/- from the pocket of the informant’s brother.
Counsel further submits that the informant’s side and the
appellant’s side are co-villagers and from the content of the FIR,
it become crystal clear that dispute taken place between the
children of the families which resulted into filing of the FIR, but
Patna High Court CR. APP (SJ) No.4712 of 2025(3) dt.16-04-2026
3/4
due to intervention of the co-villagers, matter has been amicably
settled and both parties prepared compromise petition and filed
before the court. Counsel submits that so far as the allegation
under section 3(i)(r)(s) of the SC/ST Act is concerned, there is
no ingredient of commission of offence against the present
appellant and the rest sections are bailable.
5. Learned Special Public Prosecutor for the State
opposes the prayer for bail of the appellant but fairly submits
that the compromise took place between the parties which is
Annexure-2. He submits that against the present appellant,
allegation of assault or abuse is nowhere and there is general
and omnibus allegation. The only allegation against the
appellant is that he has snatched Rs.30,000/- from the pocket of
the informant’s brother.
6. In the present facts and circumstances of this case,
considering that ingredients of SC/ST Act is not made out
against the appellant, therefore, let the above named appellant
be released on anticipatory bail, in the event of arrest or
surrender before the Trial Court within a period of four weeks,
on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S.,
2023 to the satisfaction of 1st Additional Sessions Judge-cum-
Patna High Court CR. APP (SJ) No.4712 of 2025(3) dt.16-04-2026
4/4
Special Judge, SC/ST Act, West Champaran at Bettiah, in
connection with Bettiah Muffasil P.S. Case No. 272 of 2025,
subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
7. Accordingly, the order dated 16.10.2025 passed by
the District & Additional Sessions Judge-I-cum-Special Judge,
SC/ST, Bettiah, West Champaran in Anticipatory Bail Petition
No. 2305 of 2025 arising out of Bettiah Muffasil P.S. Case No.
272 of 2025 is hereby set aside and the present anticipatory bail
application stands allowed.
(Dr. Anshuman, J)
Divyansh/-
U T
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