Patna High Court

Raj Kumar SahversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The Court held that the dispute is a private civil matter, not caste‑motivated, and therefore the appellants are entitled to pre‑arrest bail and the proceedings should be quashed pending settlement.

Summary

The appellants, seven individuals from Malda village, were charged under the SC/ST (POA) Act and several sections of the Bihar Penal Code for allegedly entering the informant's house, assaulting him and using caste slurs. The appellants contended that the FIR was filed in retaliation for an encroachment case they had initiated against the informant, a scheduled‑caste chowkidar, and that no injury occurred and the incident was private, not in public view. The State argued that anticipatory bail was not maintainable and the SC/ST provisions applied. Both parties agreed to settle the dispute amicably, and the Court found the matter to be a private civil dispute lacking caste‑motivated intent. Relying on Supreme Court precedents, the Court directed mediation, granted interim pre‑arrest bail, and disposed of the appeal, noting that proceeding with trial would be an abuse of process.

Issues considered

Whether pre‑arrest bail can be granted under the SC/ST (POA) Act when the alleged offence is a private dispute with no injury.
Whether the allegations constitute a caste‑motivated offence falling within the SC/ST Act or are merely a civil dispute.
Whether anticipatory bail is maintainable in the present circumstances.

Legislation cited

Indian Penal Code — s. 149, 307, 326
SC/ST Act — s. 3(i), 3(r), 3(s)

Subjects

pre‑arrest bail
SC/ST (POA) Act
caste violence
settlement
mediation
private dispute
anticipatory bail
criminal procedure
Bihar

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3152 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- SHAMBHUGANJ District- Banka
======================================================
1. Raj Kumar Sah S/o Late Suresh Sah R/o Village- Malda, PS- Shambhuganj,
District- Banka
2. Ajay Sah @ Ajay Kumar S/o Late Suresh Sah R/o Village- Malda, PS-
Shambhuganj, District- Banka
3. Ashwani Sah @ Ashwani Kumar S/o Manoj Sah R/o Village- Malda, PS-
Shambhuganj, District- Banka
4. Varun Sah @ Varun Kumar S/o Manoj Sah R/o Village- Malda, PS-
Shambhuganj, District- Banka
5. Bishnu Sah @ Vishnu Kumar S/o Dilip Sah R/o Village- Malda, PS-
Shambhuganj, District- Banka
6. Soni Devi W/o Raj Kumar Sah R/o Village- Malda, PS- Shambhuganj,
District- Banka
7. Rani Devi @ Runa Devi W/o Manoj Sah R/o Village- Malda, PS-
Shambhuganj, District- Banka

... ... Appellant/s
Versus
1. The State of Bihar
2. Laxmi Paswan S/o Late Sugdeo Paswan R/o Village- Malda, PS-
Shambhuganj, District- Banka

... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Gun Sagar Mahto, Advocate
For the Respondent/s : Mr.Binay Krishna, SPL. PP
For the informant : Mr. Dhananjay Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER

5 23-02-2026 Heard learned counsel for the appellants; learned

Spl. PP for the State and learned counsel for the informant.

2. The appellants have preferred the appeal under

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

of prayer for pre-arrest bail vide order dated 17.05.2025 passed

by learned Additional Sessions Judge-I-cum-Special Judge,
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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SC/ST Act, Banka in connection with Shambhuganj P.S. Case

No. 27 of 2025 registered under Sections 126(2), 115(2), 303(2),

110, 352, 351,(2), 3(5) of the BNS and Sections 3(i)(r)(s) of the

SC/ST Act.

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

persons named therein including the appellants are said to have

entered into the house of the informant and thereafter assaulted

the informant and they also used caste narrated words against

him in public view.

4. Learned counsel appearing on behalf of the

appellants submitted that appellants are innocent and have

falsely been implicated in the present case. Upon the complaint

of the appellant no.1 against the informant, who is a Chowkidar

and belongs to scheduled caste, local officer has initiated

Encroachment Case No. 2 of 2023-24 under Bihar Public Land

Encroachment Act and in retaliation of the same, the informant

has lodged the present FIR against the appellants. The

information in respect of encroachment case has been brought

on record by way of Annexure P/2 (letter no.358 dated

22.12.2024). Learned counsel further submitted that no injury

has been sustained by the informant. He further submitted that

the alleged incidence had taken place inside the house of the
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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informant, which is neither a public place nor did it take place in

public view. Learned counsel in these backgrounds submitted

that no case as alleged in the FIR is made out against the

appellants and they deserve to be released on pre-arrest bail.

5. Per contra, Mr. Dhananjay Kumar Pandey, learned

counsel, has tendered his appearance on behalf of the informant

and submitted that the allegation under SC/ST Act is made out

against the appellants and as such, the appellants don’t deserve

to be released on pre-arrest bail.

6. Learned SPL. PP appearing on behalf of the State

also submitted that the anticipatory bail is not maintainable and

as such, the present appeal is fit to be dismissed in limine.

7. However, at this stage, both the parties, taking into

consideration the nature of allegation and admitted position that

said incidence has taken place inside the house of the informant

and as claimed by the appellants that no injury has been

sustained by the informant as alleged, the parties have agreed to

settle their dispute amicably outside the Court.

8. Having heard the rival submissions made on behalf

of the parties, as well as, having perused the allegation made in

the FIR, I find that the dispute has arisen as a result of

information given by the appellant no.1 before the Circle
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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Officer, pursuant to which Encroachment Case No.2/2023-24

has been initiated. The informant is local Chowkidar and he has

taken advantage of the same and has lodged FIR against the

appellants. I find from the present FIR that the present dispute

can be said to be a private dispute and is of civil in nature and

don’t seem to be caste motivated. Both the parties now want to

settle the dispute amicably outside the Court to buy peace of

mind. The Hon’ble Supreme Court in case of Ramawatar vs

The State Of Madhya Pradesh reported in 2021 SCC OnLine

SC 966, has stipulated that “it cannot be understated that since

members of the Scheduled Caste and Scheduled Tribe belong to

the weaker sections of our country, they are more prone to acts

of coercion, and therefore ought to be accorded a higher level of

protection. If the Courts find even a hint of compulsion or force,

no relief can be given to the accused party. What factors the

Courts should consider, would depend on the facts and

circumstances of each case.”

9. In the present case, the informant on his own free

will without any compulsion wants to settle the dispute outside

the Court and so is the appellants.

10. In this regard, I find it apt to take note of the

observation made by the Apex Court recently in case of
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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Naushey Ali & Ors. Vs. State of Uttar Pradesh & Anr. reported

in (2025) 4 SCC 78, in para-11 to 20, which are reproduced

hereinafter:

“11. Before we apply this judgment to
the facts, it will be worthwhile to recall the
observations of Sikri, J. in Narinder Singh
(supra):-
"26. Having said so, we would hasten to add that
though it is a serious offence as the accused
person(s) attempted to take the life of another
person/victim, at the same time the court cannot be
oblivious to hard realities that many times whenever
there is a quarrel between the parties leading to
physical commotion and sustaining of injury by
either or both the parties, there is a tendency to give
it a slant of an offence under Section 307 IPC as
well..."
(Emphasis supplied)
12. Coming back to Laxmi Narayan (supra), this
Court has held that mere mention of Section 307
IPC in the FIR or the charge-sheet should not be the
basis for adopting a hands-off approach. It has
further held that it would be open for the court to
examine as to whether incorporation of Section 307
IPC is there for the sake of it or whether there is
evidence to back it. It has been held that the courts
may go by the nature of injuries sustained; as to
whether the injuries are inflicted on the vital/
delicate parts of the body and the nature of weapon
used. It has also been clarified that such an exercise
would be permissible after investigation and filing
of chargesheet/framing of charges or during the
trial. [See 15.4 of Laxmi Narayan (supra)].
13. Coming to the facts of the case, admittedly, there
is a settlement between the parties. The case filed by
the appellants' party which was prior in point of
time and that too on the same day of occurrence,
has been settled.
14. It should be recalled that, at the outset, after
investigation, the police actually closed the case in
its final report of 07.09.1991. It was the trial Court,
which by its order of 05.09.1992, refused to accept
the same and summoned the appellants. The
incident is of 11.08.1991, i.e. about 33½ years back.
No doubt, there is a reference to the firing in the FIR
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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but admittedly there was no injury. The allegation is
that firing was done by Abdul Waris. He is since
deceased. The facts, assuming to be true, also do not
make out a case of common object for the appellants
under Section 149 IPC insofar as the offence of
Section 307 is concerned.
15. The role attributed to the seven members,
including the five appellants is not specific. General
allegation was that they abused in filthy language
and assaulted Mahmood with lathi and iron bars.
The specific individual role was only attributed to
Adbul Waris, who is since deceased.
16. In any event, the police who investigated
disbelieved the entire story. No recoveries have been
made of any pellets. What engaged the attention of
the High Court was only the fracture of the head of
the distal phalanx of left finger of respondent No.2.
17. We have seen the injuries sustained by
Mahmood (R-2) from the medical evidence
collected. From the injury report, it is clear that
while the first four injuries were contusions and
abrasions, injury Nos. 5, 6 and 7 pertained to
incised lacerated wound and swelling on the middle
finger of the left hand. We have also seen the x-ray
report which shows that in the left hand there was a
fracture of the head of distal phalanx of left ring
finger. Assuming that this was the result of injury
with lathis or iron bar, applying the test in Laxmi
Narayan (supra), considering the injury and the
nature of the weapon used, certainly no offence
under Section 307 IPC is made out.
18. Section 307 of IPC reads as under:-
"307. Attempt to murder.-
Whoever does any act with such intention or
knowledge, and under such circumstances that, if he
by that act caused death, he would be guilty of
murder, shall be punished with imprisonment of
either description for a term which may extend to
ten years, and shall also be liable to fine; and if hurt
is caused to any person by such act, the offender
shall be liable either to imprisonment for life, or to
such punishment as is hereinbefore mentioned.
Attempts by life convicts.- When any person
offending under this section is under sentence of
imprisonment for life, he may, if hurt is caused, be
punished with death."
19. Keeping in mind the surrounding circumstances,
the nature of the weapon and the nature of the
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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injury, on facts, we are inclined to conclude that the
overt act attributed to the appellants does not bring
the case within the four corners of the Section 307
of IPC, either on a stand-alone basis or as held
above with the aid of Section 149 of IPC.
20. We are also inclined to conclude that
considering the overall circumstances, the nature of
the weapon and the nature of the injury (fracture of
the head of distal phalanx of left ring finger), the
offence alleged, on facts, does not fall in that
category of cases where the court should deny relief
in the event of a settlement. At the highest, the
offence alleged could be one under Section 326 of
IPC. It could not be said, on facts, considering all
the circumstances that this is a crime which has
such an harmful effect on the public and that it has
the effect of seriously threatening the well-being of
the society. We make it clear that we are saying so
on the facts of the present case. We are also firmly of
the opinion that proceeding with the trial, when
parties have amicably resolved the dispute in the
present case, would be futile and the ends of justice
require that the settlement be given effect to by
quashing the proceedings. It would be a grave abuse
of process to let this trial remain pending under the
above circumstances, particularly when the dispute
is settled and resolved.”

11. Learned counsel appearing on behalf of the

respective parties, on instructions, submitted that the parties

have agreed to appear before the learned District Court at 10:30

A.M. on 09.03.2026, so that the matter can be referred to the

District Mediation Centre.

12. Learned District Court is directed to take

necessary steps to refer the matter before the learned Mediator

of the District Mediation Center by fixing a date for appearance

of the parties to give effect to “Mediation for the Nation 2.0.”
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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13. Learned Mediator of the District Mediation Center

concerned upon appearance of the parties on the fixed date shall

make his/her best efforts to settle the dispute amicably and

thereafter submit his/her report before the concerned learned

District Court, well within a period of three months, till then, no

coercive action shall be taken against the appellants in

connection with the aforesaid case.

14. In case, the parties resolve their dispute amicably

or arrive at a mutual settlement, in light of the law laid down by

the Apex Court, the appellants are required to be released on

pre-arrest bail on such terms and conditions as the learned

District Court deems it fit and proper.

15. In case of failure on the part of the appellants to

appear on 09.03.2026 before the learned District Court or any

date fixed by the learned Mediator, the interim protection

granted to the appellants shall automatically lose its force.

16. In case, it is deliberate on the part of the opposite

party no.2 to reconcile, then in that case, the interim protection

granted to the appellants shall continue and the trial shall

proceed in accordance with law.

17. In case, the parties fail to reconcile, then in that

case, parties may avail appropriate remedy. Then also,
Patna High Court CR. APP (SJ) No.3152 of 2025(5) dt.23-02-2026
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appellants are directed to be released on pre-arrest bail on such

terms and conditions as the learned District Court deems it fit

and proper.

18. With aforesaid direction and observation, the

present appeal stands disposed of.

(Purnendu Singh, J)
Sanjay/-

U T

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