Abdul Mannan @ MannanversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.3334 of 2025
                           Arising Out of PS. Case No.-46 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
           1.     Abdul Mannan @ Mannan S/O Md. Salam Resident of Village - Gotfor,
                 Bhulbhasasa, P.S.- Baisi, District - Purnea.
           2.    Md. Shahjahan S/O Md. Hoda Resident of Village - Gotfor, Bhulbhasasa,
                 P.S.- Baisi, District - Purnea.
           3.    Md. Mushtaque @ Mustaque S/O Bahab Resident of Village - Gotfor,
                 Bhulbhasasa, P.S.- Baisi, District - Purnea.
           4.    Md. Salwar @ Salwar @ Md. Sarwal S/O Md. Mushtaque Resident of
                 Village - Gotfor, Bhulbhasasa, P.S.- Baisi, District - Purnea.
           5.    Md. Firoj S/O Hannan Resident of Village - Laluka, P.S- Baisi, District -
                 Purnea.

                                                                                      ... ... Appellant/s

                                                          Versus

           1.    The State of Bihar
           2.    Bhikhari Lal Bosak S/O Late Chulahi Lal Bosak R/O Village- Marwa, P.S-
                 Baisi, Distt.- Purnea.

                                                                                    ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Appellant/s       :        Mr. Raj Kumar, Advocate
                 For the Respondent/s      :        Mr. Sadanand Paswan, Spl. PP
                 For the informant         :        Mr. Bijendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER


3   23-02-2026                    Heard Mr. Raj Kumar, learned counsel appearing on

                   behalf of the petitioner; Mr. Sadanand Paswan, learned Spl. PP

                   for the State and Mr. Bijendra Kumar Singh, learned counsel for

                   the informant.

                                 2. The appellants have preferred the appeal under
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          Section 14(A)(2) of the SC/ST (POA) Act against the rejection

          of prayer for pre-arrest bail vide order dated 23.05.2025 passed

          by learned Special Judge, SC/ST Act (POA) Purnea in A.B.P.

          No.26 of 2025 (arising out of Baisi P.S. Case No.46 of 2025)

          registered under Sections 127(1), 115(2), 191(2), 190, 352,

          351(1) and 3(5) of the BNS and Sections 3(i)(r)(s) of the SC/ST

          Act.

                       3. As per the allegation made in the FIR, the accused

          persons named therein including the appellants have assaulted

          the informant and also used caste narrated words against him,

          while the informant had gone to see his mustard crop in the

          field.

                       4. Learned counsel appearing on behalf of the

          appellants submitted that for the allegation as alleged in the

          FIR, co-accused/Md. Saiabur Rahman @ Bhodu @ Soyebur

          Rahman @ Md. Saidur Ramhan was taken into custody and

          vide order dated 25.09.2025, his bail application was dismissed

          as withdrawn. So far as other appellants are concerned, learned

          counsel submitted that from perusal of the FIR, it is evident that

          the said incident took place due to land dispute in respect of the

          land appertaining to Khata No.42, Khesra No.110, Thana

          No.448, measuring an area of 10 acres, over which mustard
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          crops were raised by the appellants and same was being

          harvested by informant's side. Hot talks took place between the

          parties regarding their respective claims and rights over the land

          in question. It is contended that, due to the aforesaid land

          dispute, the appellants have been falsely implicated in the

          present case on baseless and concocted allegations under the

          SC/ST Act. Learned counsel further submitted that save and

          except SC/ST Act, all sections are bailable and in absence of

          any specific allegation of assaulting the informant or using caste

          narrated words against the informant, the appellants seek to be

          released on pre-arrest bail.

                       4. Mr. Bijendra Kumar Singh, learned counsel, has

          tendered his appearance on behalf of                   the informant and

          submitted that in public view, the appellants have used abusive

          words, taking caste name of the informant. The appellants have

          also assaulted the informant, causing injury on different parts of

          his body.

                       5. Learned Spl. PP for the State has vehemently

          opposed the prayer for grant of bail to the appellants.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having considered the allegation made

          in the FIR, I find that the cause of lodging of FIR is land
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          dispute. Both the parties have claimed their right over the land

          in question as described above. In respect of the allegation

          under SC/ST Act, I find that it is admitted between the parties

          that due to land dispute, the alleged occurrence took place and

          the allegation against the appellants is specific that they have

          used caste narrated words against the informant but who used

          the caste name is not specific in the FIR and in want of any

          specific allegation against the appellants, the appellants, above

          named, are directed to be released on pre-arrest bail, in the event

          of their arrest or surrender before the learned District Court

          within a period of four weeks, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned District Court

          where the case is pending in connection with Baisi P.S. Case

          No.46 of 2025, subject to the condition as laid down under

          Section 438 (2) of the Cr.P.C / 482 (2) of the BNSS.

                       7. Accordingly, the impugned order is set aside and

          appeal is allowed.

                       8. Considering the nature of dispute between the

          parties, I find that the same can well be resolved between the

          parties amicably outside the Court. The learned District Court

          may proceed to give effect to “Mediation for the Nation 2.0” by
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                     referring the matter before learned Mediator.

                                  9. Let a copy of this order be communicated to the

                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre, for the purpose of record.



                                                (Purnendu Singh, J)
Sanjay/-

U      T