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Patna High Court

Md. Shahil @ Md. Sahid GaddiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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