Noor AlamversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3104 of 2025
                       Arising Out of PS. Case No.-20 Year-2025 Thana- SC/ST District- Kishanganj
                 ======================================================
                 Noor Alam S/o Abdul Jalil R/o Village- Patkoi Khurd, PS- Kochadhaman,
                 Distt- Kishanganj
                                                                        ... ... Appellant/s
                                                Versus
           1.     The State of Bihar
           2.     Amar Ram S/o Rajender Ram R/O Vill- Patkoi Kala, ward no. 4, P.S.-
                  Kochadhaman, Distt.- Kishanganj.
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Diwakar Sinha, Advocate.
                 For the Respondent/s    :        Mrs.Usha Kumari 1, Spl. PP.
                 For the O.P. No.2       :        Mr. Rajeev Ranjan, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   24-02-2026                       Heard learned counsel appearing on behalf of the

                   appellant, learned Spl. PP for the State and learned counsel for

                   the informant.

                               2. The appellant has preferred the appeal under

                   Section 14(A)(2) of the SC/ST Act against the rejection of

                   prayer for pre-arrest bail vide order dated 01.07.2025 passed by

                   learned Additional Sessions Judge-I cum Special Judge,

                   Kishanganj in Kishanganj SC/ST P.S. Case No. 20 of 2025

                   registered under Sections 126(2), 115(2), 303(2), 352, 351(2)

                   and 3(5) of the BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of

                   the SC/ST Act.

                               3. As per the allegation made in the F.I.R., the

                   informant had requested to remove tractor which was parked on

                   the middle of the road and the same was denied by an eleven
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          years old grand son of the appellant and thereafter the appellant

          along with other family members assaulted the informant and

          also abused by taking caste name on the road.

                       4. Learned counsel appearing on behalf of the

          appellant submitted that the allegation as alleged in the F.I.R. is

          false and concocted. In fact, the tractor was parked and the child

          aged about 11 years has given information to the informant that

          a mechanic has been called to repair the tractor and in the

          meantime informant came at that place and scolded, abused and

          assaulted the child, to which, the appellant who is the grand

          father of the child reached there and protested, due to which, the

          informant became angry and filed the instant F.I.R. Learned

          counsel further submitted that informant has not suffered any

          injury, as such, the appellant be released on pre-arrest bail.

                       5. Per contra, Mr. Rajeev Ranjan, learned counsel

          tendered his appearance on behalf of the informant and

          submitted that the appellant abused the informant taking his

          caste name before the public who had gathered at the place of

          incidence which is on the road, as such, the ingredients of

          Sections 3(1)(r)(s) of the SC/ST Act is made out against the

          appellant, as such, he doesn’t deserve to be released on bail.

                       6. Learned Spl.PP for the State has also opposed the
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                     prayer for grant of pre-arrest bail to the appellant.

                                  7. Having considered the nature of allegation alleged

                     in the F.I.R., as well as, no denial in the bail application that the

                     appellant had not abused in public view, at the same time, he

                     had taken the caste name of the informant, as such, the

                     ingredients of Sections 3(1)(r)(s) of the SC/ST Act are attracted

                     and for intentional assault with an intent to insult and humiliate

                     the informant who is member of the scheduled caste within

                     public view, I find that in absence of any information that the

                     incidence has not taken in public view, merely denial on the part

                     of the appellant that he has not abused or taken the caste name

                     of the informant will not absolve him from the allegation as

                     alleged in the F.I.R., though there is no sign of any assault on

                     the person of the informant, I am not inclined to enlarge the

                     appellant on pre-arrest bail.

                                  8. Accordingly, the present appeal stands dismissed.



                                                               (Purnendu Singh, J)
mantreshwar/-

U      T