Created by Fuzzy Cloud

Patna High Court

BIPIN BIHARI SINGH @ BIPIN SINGH @ VIPIN SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Section 3(1)(r) of the SC/ST Act does not apply as there is no intention to humiliate the victim on caste grounds.

Summary

The appeal challenges the order of a Special Court that took cognizance of offences under the SC/ST Act against the appellants for allegedly assaulting the informant and using caste slurs during a land dispute. The court examined whether the alleged abuse was motivated by the victim's Scheduled Caste status, as required by Section 3(1)(r) of the SC/ST Act, citing Supreme Court precedents that demand a specific intent to humiliate on caste grounds. Finding no material evidence of such intent and noting that the dispute stemmed from a contested land possession, the court set aside the cognizance under the SC/ST Act. However, it held that the facts disclosed a prima facie case for the IPC offences of rioting, assault, and criminal intimidation, allowing the trial to proceed on those charges. Consequently, the appeal was partly allowed: the SC/ST charge was quashed while the IPC charges were upheld.

Issues considered

  • Whether the alleged assault and verbal abuse constitute an offence under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether the intent behind the alleged abuse was to humiliate the victim on the basis of his Scheduled Caste status.
  • Whether the cognizance taken under the Indian Penal Code offences can be sustained.

Legislation cited

Subjects

  • SC/ST Act
  • Caste discrimination
  • Intent to humiliate
  • Land dispute
  • Assault
  • Indian Penal Code
  • Criminal cognizance
  • Quashing of charge

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2980 of 2022
                   Arising Out of PS. Case No.-11 Year-2020 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     BIPIN BIHARI SINGH @ BIPIN SINGH @ VIPIN SINGH S/o Late
                  Kapildev Singh R/o Village- Amar Chapra, P.S.- Chapra Muffasil, District-
                  Saran
           2.    Chandan Singh @ Chandan Kumar Singh S/o Bir Bahadur Singh Resident
                 of Village- Amar Chapra, P.S.- Chapra Muffasil, District- Saran

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Narayan Manjhi S/o Late Rajballabh Manjhi R/o Amar Chapra, P.S.-
                 Muffasil, District- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Krishna Kant Singh, Adv.
                                         :       Mr. Kundan Kumar, Adv.
                                         :       Mr. Shivesh Singh, Adv.
                                         :       Mr. Kumar Shaswat Anand, Adv.
                 For the Respondent/s    :       Mr. A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

8   31-03-2026                  1. The present appeal has been preferred against the

                   order dated 25.01.2022 passed in Chapra (M) P.S. Case No. 11

                   of 2020 by learned Ist Additional Sessions Judge-cum-Special

                   Judge, SC/ST Act, Saran, whereby the learned Court has taken

                   cognizance of offences against the appellants under Section 147,

                   323, 324, 504 and 353 of the IPC and Section 3(1)(r) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act).

                                2. The prosecution story, in brief, is that the informant

                   Narayan Manjhi gave his fardbeyan before the Police of Chapra
Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                             2/8




          Mufassil police station at Sadar Hospital, Chapra, stating that on

          25.12.2019 at about 2 p.m., while he was at his home, the

          appellants along with other accused persons came there with

          lathi, danda and knife in their hands and abused him by taking

          his caste name and started assaulting the informant. In the

          meanwhile, appellant no. 2 gave knife blow causing injury near

          the neck of the informant and when the informant's sister came

          to save him, they torn her clothes and made her half-naked.

                       3. Learned counsel for the appellants submits that

          upon bare perusal of the FIR, no offence, much less offence

          under Section 3(1)(r) of the SC/ST Act is made out. There is

          admitted land dispute between the parties, which would be

          evident from the FIR itself. Prior to lodging of the FIR,

          proceeding under Section 144 of the Cr.P.C. was initiated on the

          basis of police report dated 27.10.2019 and the informant

          violated the prohibitory order under Section 144 of the Cr.P.C.

          for which the police recommended for initiation of proceeding

          against the informant under Section 188 of the I.P.C. and

          Section 107 of the Cr.P.C. in its report dated 29.11.2019.

                       4. It has further been argued that a Jamabandi

          Cancellation Case No. 42 of 2019 was filed by the informant

          without any notice to the appellants. The Jamabandi was
Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                             3/8




          cancelled by the A.D.M. The order cancelling their Jamabandi

          was challenged by the appellants before this Court in C.W.J.C.

          No. 20608 of 2019 in which the order cancelling Jama Bandi

          was stayed. Subsequently, thereafter, the FIR has been lodged

          by the informant. A title suit has also been filed by the

          appellants against the informant having Title Suit No. 570 of

          2019, which is still pending.

                       5. It has further been argued that the doctor who

          treated the informant has found the nature of injury as simple,

          caused by hard and blunt substance, whereas the allegation in

          the FIR is that injury was inflicted by appellant no. 2 by a sharp

          cutting weapon, i.e., knife. The learned Special Court has taken

          cognizance in mechanical manner and without any material on

          record to come to the conclusion that offence under section 3(1)

          (r) is made out.

                       6. He relies upon the judgment of Hon’ble Supreme

          Court in Hitesh Verma v. State of Uttarakhand and another,

          reported in (2020) 10 SCC 710 as well as Keshaw Mehto

          alias Keshaw Kumar Mehto v. State of Bihar and another

          reported in 2026 LiveLaw (SC) 62.

                       7. Mr. S.S.P. Yadav, learned counsel for the

          respondent No. 2 and Mr. Sadanand Paswan for the State,
Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                             4/8




          argued that it is correct that there is a land dispute between the

          parties, but there is a specific allegation in the FIR that the

          appellants abused the informant by his caste name due to land

          dispute and also assaulted him. The doctors examined the

          informant in the hospital, where the fardbeyan was recorded and

          the injury has also been found on the person of the informant.

                       8. Mr. S.S.P. Yadav further submitted that it was the

          appellants who wanted to forcibly take possession of the land in

          question upon which the informant's side has been residing for

          about 25 years. During course of investigation, the witnesses

          have supported the prosecution story and more particularly in

          para 7, 8 and 9 of case diary.

                       9. I have heard learned counsel for the parties and

          have gone through the materials available on record.

                       10. The Hon'ble Supreme Court in Keshaw Mehto

          alias Keshaw Kumar Mehto v. State of Bihar and another

          reported in 2026 LiveLaw (SC) 62, in para 12 and 16, has

          dealt with Sections 3(1)(r) and 3(1)(s) and has said that Section

          3(1)(r) is attracted where the reason for the intentional insult or

          intimidation by the accused is that the person who is subjected

          to is a member of a Scheduled Caste or a Scheduled Tribe.

          Section 3(1)(r) cannot stand merely on the fact that the
Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                             5/8




          informant/complainant is a member of a Scheduled Caste or a

          Scheduled Tribe, unless the insult or intimidation is with the

          intention to humiliate such a member of the community. The

          fact that the informant belonged to the Scheduled Caste or

          Scheduled Tribe would not be enough. Any insult or

          intimidation towards the complainant must be on account of

          such person being a member of a Scheduled Caste or a

          Scheduled Tribe

                       11. It has further been held by the Hon’ble Supreme

          Court that with a view to dispel any doubt and lend clarity, it is

          appropriate to mention that even mere knowledge of the fact

          that the complainant is a member of a Scheduled Caste or a

          Scheduled Tribe is not sufficient to attract Section 3(1)(r).

                       12. In the case of Hitesh Verma v. State of

          Uttarakhand and another (supra), the Hon'ble Supreme Court

          has held that offence under the SC/ST Act is not established

          merely on the fact that informant is a member of SC (Scheduled

          Caste) unless there is intention to humiliate the member of the

          Scheduled Caste.

                       13. In paragraph 16 of the said judgment, the Hon'ble

          Supreme Court has further observed that there is a dispute about

          the possession of the land which is the subject-matter of civil
Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                             6/8




          dispute between the parties. Since the matter is regarding

          possession of property pending before the civil court, any

          dispute arising on account of possession of the said property

          would not disclose an offence under the Act unless the victim is

          abused, intimidated or harassed only for the reason that she

          belongs to Scheduled Caste or Scheduled Tribe.

                       14. In the present case, the FIR starts with the fact that

          due to previous land dispute, the appellants along with others

          arrived and abused the informant by his caste name and

          assaulted. The land dispute between the parties is admitted. Both

          the parties are litigating over the title/possession of the land and

          several cases including the title suit are pending between them.

          The claim of the appellants is that the land in question belongs

          to the appellants and a Jamabandi was created in their favor,

          which was cancelled at the behest of the informant behind the

          back of the appellants. As informed to this Court, the matter

          regarding cancellation of Jama Bandi is still pending before the

          Division Bench of this High Court. It appears that the intent

          with which abuses were hurled as per the allegation was not

          with an intention to humiliate the informant. The appellants did

          not abuse the informant with the feeling of caste based

          humiliation. The land dispute which is pending before the civil
Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                             7/8




          court arises on account of title and possession claimed by both

          the parties upon the same land. Accordingly, this would not

          disclose an offence under the SC/ST Act unless there is some

          material to show that victim has been abused, intimidated only

          for the reason that he belongs to the Scheduled Caste

          community. From the records and attending circumstances, it do

          not appear that the appellants abused the informant with

          intention to humiliate or demean the dignity/status of the

          informant.

                       15. Taking into consideration the aforesaid discussion,

          this Court is of the opinion that there is no material to take

          cognizance against the appellants under Section 3(1)(r) of the

          SC/ST Act. Accordingly, the order taking cognizance against the

          appellants for offense under Section 3(1)(r) of the SC/ST Act

          cannot sustain and is hereby set aside.

                       16. Insofar as cognizance taken against the appellants

          under the I.P.C. is concerned, from the records as well as FIR

          and the case diary, it appears that there is allegation against the

          appellants that they assaulted the informant by lathi and knife

          along     with     other     accused       persons.    During   course   of

          investigation, the informant was examined by the doctor also.

          The nature of injury and the weapon used is not important at this
           Patna High Court CR. APP (SJ) No.2980 of 2022(8) dt.31-03-2026
                                                        8/8




                     stage.

                                  17. In a case of Hitesh Verma v. State of Uttarakhand

                     and another (supra), the Hon’ble Supreme Court in paragraph 23

                     has referred a judgment rendered in Ishwar Pratap Singh v. State

                     of U.P. in which the Hon'ble Supreme Court has held that there

                     is no prohibition under the law for quashing the charge-sheet in

                     part. During course of investigation, the victim along with other

                     witnesses have supported the prosecution story that the

                     informant was assaulted.

                                  18. In view of the above facts and the materials on

                     record, this Court comes to the conclusion that the prima facie

                     case is made out against the appellants under the provisions of

                     I.P.C. and the appellants can be tried by the Competent Court for

                     the offences under I.P.C. in accordance with law.

                                  19. The present appeal is partly allowed to the extent

                     indicated hereinabove.



                                               (Anil Kumar Sinha, J)
HarshPandey/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.