Patna High Court
Shrawan Sah @ Shrawan Kumar @ Sharwan SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is released on bail.
Summary
The appellant, Shrawan Sah, appealed against the order of the SC/ST Exclusive Special Judge that denied his bail in a case involving alleged assault, shooting, and offences under the Bihar Penal Code, Arms Act and SC/ST Act. The prosecution alleged that the appellant participated in an assault on the informant and that co‑accused shot the victim. The appellant contended he was falsely implicated, had no criminal antecedent, and did not use the informant's caste name in public, thus no SC/ST offence was made out. The Special Public Prosecutor opposed bail, citing the seriousness of the charges. The Patna High Court, after considering the facts, custody period and lack of specific allegation against the appellant, allowed the appeal, set aside the lower court’s order and granted bail on condition of a bond and sureties.
Issues considered
- Whether the appellant’s conduct amounts to an offence under the SC/ST Act for using the informant’s caste name in public.
- Whether bail should be denied on account of the alleged assault, shooting and the multiple charges under the Bihar Penal Code, Arms Act and SC/ST Act.
- Whether the lower court’s refusal to grant bail was justified in view of the appellant’s custody period and lack of criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code (BNS) — s. 103(1), 115(2), 126(2), 3(5), 351(2), 351(3), 61(2)
- SC/ST Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- Arms Act
- assault
- criminal procedure
- caste-based offence
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4805 of 2025
Arising Out of PS. Case No.-574 Year-2025 Thana- GARKHA District- Saran
======================================================
Shrawan Sah @ Shrawan Kumar @ Sharwan Sah S/o- Laxman Sah Resident
of village- Garkha PS- Garkha District- Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Tetari Devi W/o- Sudarshan Manjhi Resident of village- Garkha PS- Garkha
District- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Mr.Choubey Jawahar, S.P.P.
Mr.Jeetendra Narayan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, Mr. Choubey
Jawahar, learned Special Public Prosecutor for the State and
learned counsel for the informant/Respondent No. 2 and perused
the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 13.11.2025 passed by learned SC/ST
Exclusive Special Judge, Chapra, Saran, whereby the prayer for
bail of the appellant in connection with Garkha P.S. Case No.
574 of 2025, under Sections 126(2), 115(2), 103(1), 61(2),
351(2) & (3), 3(5) of the BNS, section 27 of the Arms Act and
Section 3(1)(r)(s), 3(2)(va) of the SC/ST Act was rejected.
3. Prosecution case, in short, is that on 25.07.2025,
the son of the complainant was selling toddy. In the meantime,
Patna High Court CR. APP (SJ) No.4805 of 2025(3) dt.22-01-2026
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informant was feeding her cattle then accused persons named in
the F.I.R., including the appellant, arrived there and while
drinking toddy started assaulting Manjhi. On protest, co-accused
Sohail Ansari shot him in the mouth. Thereafter, co-accused
Ajay Manjhi and Sohail Ansari were captured and other
succeeded in escape from there.
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.
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. There is no specific
allegation of firing against the appellant. The appellant is in
custody since 13.10.2025 and has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Patna High Court CR. APP (SJ) No.4805 of 2025(3) dt.22-01-2026
3/3
Accordingly, the appeal is allowed and order dated 13.11.2025
passed by learned SC/ST Exclusive Special Judge, Chapra,
Saran, in connection with Garkha P.S. Case No. 574 of 2025, is
hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Garkha P.S. Case
No. 574 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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