Patna High Court
SHARDA DEVI @ SHARDHA DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 109, 115(2), 190, 191(2)
- Bihar Daan Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3, 4
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
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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
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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/-
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