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Patna High Court

SHARDA DEVI @ SHARDHA DEVIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant, setting aside the lower court’s refusal.

Summary

Sharda Devi was arrested in connection with a murder and alleged attempt to burn the informant Samudri Devi, offences alleged under the SC/ST (Prevention of Atrocities) Act, the Bharatiya Nyaya Sanhita and the Bihar Daan Act. The Special Judge had refused bail on 23 September 2025. The appellant contended that she was falsely implicated through a co‑accused’s confession, had no prior criminal record, and that no specific SC/ST offence was made out as she did not publicly use the informant's caste name. The State opposed bail, arguing the seriousness of the charges. The Patna High Court, after considering the submissions, set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties, thereby allowing the appeal.

Issues considered

  • Whether the appellant is liable to be denied bail under the SC/ST (Prevention of Atrocities) Act and related statutes.
  • Whether the appellant's conduct falls within the definition of an offence under Sections 3 and 4 of the SC/ST Act.
  • Whether the evidence, primarily a co‑accused’s confessional statement, suffices to justify continued detention.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • murder
  • attempted murder
  • caste-based offence
  • exclusive special court
  • criminal appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4773 of 2025
                       Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Sharda Devi @ Shardha Devi Wife of Sidheshwar Manjhi @ Shivbalak @
                 Shiwalak Manjhi Resident of village - Panchugadh Mushari, P.S.- Hisua,
                 District - Nawada

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Samudri Devi Wife of Late Gaya Manjhi Resident of village - Panchugadh
                 Mushari, P.S.- Hisua, District - Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sheo Nandan Prasad, Advocate,
                                                  Mr. Rajnish Kumar, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   26-03-2026                  Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                                2. This is an appeal under Scheduled Castes and

                   Scheduled       Tribes     (Prevention       of Atrocities) Act,           1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal of

                   prayer for bail vide order dated 23.09.2025 passed by the learned

                   Exclusive Special Judge, Special court, SC/ST Act, Nawada in

                   connection with B.P. No. 1410 of 2025, arising out of Hisua P.S.

                   Case No. 507 of 2025 registered for the offences punishable

                   under Sections 191(2), 190, 103(1), 103(2), 115(2) & 109 of the

                   Bharatiya Nyaya Sanhita, 2023, under Sections 3 and 4 of the

                   Bihar Dian Act and under Sections 3(1)(r)(s), 3(2)(v) of the
Patna High Court CR. APP (SJ) No.4773 of 2025(5) dt.26-03-2026
                                             2/3




          SC/ST Act.

                       3. The case of the complainant, in short, is that the

          appellant along with other co-accused persons have murdered the

          husband of informant and they also decided to burn the informant

          Samudri Devi with deceased Gaya Manjhi.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and has falsely been implicated in the

          present case due to dirty village politics. Charge-sheet has been

          submitted in this case. No specific allegation is against the

          appellant. The name of the appellant has transpired on the basis

          of confessional statement of co-accused Mohan Manjhi. 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

          her. The appellant has no intention to disgrace the image of the

          informant in public view. There is no specific allegation of

          assault against the appellant. The appellant is a lady and she is in

          custody since 28.08.2025 having no criminal antecedent.

                       5. Learned Spl.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellants.

                       6. In view of the submissions made by the learned

          counsel for the appellant, the order dated 23.09.2025 passed by

          the learned Exclusive Special Judge, Special court, SC/ST Act,
            Patna High Court CR. APP (SJ) No.4773 of 2025(5) dt.26-03-2026
                                                         3/3




                      Nawada in connection with B.P. No. 1410 of 2025, arising out of

                      Hisua P.S. Case No. 507 of 2025 is hereby set aside and the

                      appellant above-named, be released on bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned court of

                      Exclusive Special Court, SC/ST Act, Nawada in connection with

                      Hisua P.S. Case No. 507 of 2025.

                                   7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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