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Patna High Court

Masud Parvez @ Masud ParwezversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that the alleged offence did not occur in public view and the bar under Section 18 of the SC/ST Act does not apply, warranting the grant of pre‑arrest bail.

Summary

The appellants were charged under the SC/ST (Prevention of Atrocities) Act and IPC for allegedly assaulting a complainant over a land dispute, with the complaint alleging caste-based abuse. They contended that the allegations were false, stemming from a family land partition dispute, and that a similar case had already resulted in pre‑arrest bail. The State opposed bail, invoking the bar under Section 18 of the SC/ST Act. The High Court observed that the alleged assault did not occur in public view and that the bar under Section 18 was not attracted, especially given the earlier grant of bail in a related case. Consequently, the order rejecting bail was set aside, and the appellants were directed to be released on bail if arrested, with the appeal allowed.

Issues considered

  • Whether the alleged offence under the SC/ST Act attracts the bar of Section 18, i.e., whether it was committed in public view.
  • Whether the appellants are entitled to pre‑arrest bail in view of the earlier bail order in a similar case.

Legislation cited

Subjects

  • SC/ST Act
  • pre‑arrest bail
  • Section 18 bar
  • public view
  • land dispute
  • assault
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3593 of 2025
                  Arising Out of PS. Case No.-35 Year-2022 Thana- VAISALI COMPLAINT CASE District-
                                                         Vaishali
                 ======================================================
           1.     Masud Parvez @ Masud Parwez S/O Late Md. Azim
           2.    Md. Nesar S/O Late Md. Israiel
           3.    Shahabul Rahman S/O Md. Motif @ Md. Mofil
           4.    Abdul Qadir @ Aslam S/O Late Abdul Majid
           5.    Mahesh Sah S/O Late Asharfi Sah
           6.    Md. Ehsan S/O Md. Habib
           7.    Md. Shafi S/O Md. Farooque
                 All are R/O Village- Chaknaseer, P.S- Patepur, District- Vaishali

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Cahndeshwar Ram S/O Late Lakhan Ram R/O Village- Chaknaseer, P.S-
                 Patepur, District- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Dhirendra Prasad Sinha, Advocate
                 For the Respondent/s    :       Mr.Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   16-04-2026                   Heard learned counsel for the appellant and learned

                   Spl. PP for the State.

                               2. The appellants have 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 24.07.2025 passed by

                   learned Exclusive Special Judge, SC/ST, Vaishali in Complaint

                   Case No.35/2022 registered under Sections 323,341,504 of the

                   Indian Penal Code and Section 3(1)(r)(s),3(2)(v-a) of the SC/ST
Patna High Court CR. APP (SJ) No.3593 of 2025(3) dt.16-04-2026
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          Act.

                       3. As per the allegations made in the complaint

          petition, the complainant purchased a piece of land appertaining

          to Khata No. 53, Khesra No. 942, measuring an area of 2.63

          decimals, through a registered sale deed executed by Jiya

          Pravej. Subsequently, the land was duly mutated in his favour. It

          is further alleged that appellant no. 1 preferred an appeal against

          the said mutation before the D.C.L.R., Mahua, wherein an order

          was passed in his favour. Aggrieved by the same, the

          complainant filed a revision petition before the A.D.M.,

          Vaishali, which was decided in his favour. It is alleged that on

          20.03.2022, owing to the said land dispute, the appellants, along

          with other co-accused persons, abused the complainant by

          referring to his caste and also assaulted him, causing injuries.

                       4. Learned counsel appearing on behalf of the

          appellants submitted that the appellants are innocent and have

          been falsely implicated in the present case. It is further

          submitted that appellant no. 1 and Jiya Parwez, who executed

          the sale deed in favour of the complainant with respect to the

          aforesaid land, are real brothers. Learned counsel submitted that

          appellant no. 1 has another brother, namely Imtiaz Parwez, and

          the said land has not been partitioned among the three brothers.
Patna High Court CR. APP (SJ) No.3593 of 2025(3) dt.16-04-2026
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          Despite this, Jiya Parwez allegedly sold the land to the

          complainant without proper authority. Being aggrieved by the

          said act, appellant no. 1 and                 his brother Imtiaz Parwez

          separately filed complaint before the learned Chief Judicial

          Magistrate, Vaishali, against their brother Jiya Parwez as well as

          the present complainant. It is further submitted that upon

          learning about the said complaints, the complainant, by way of

          retaliation, instituted the present case against the appellants.

          Learned counsel further submitted that on almost identical

          allegations, the complainant has also instituted Hajipur SC/ST

          P.S. Case No. 12 of 2023 against appellant no. 1 and others, in

          which appellant no. 1 has already been granted pre-arrest bail by

          a co-ordinate Bench of this Court vide order dated 20.06.2024

          passed in Criminal Appeal (SJ) No. 4815 of 2023. It is also

          contended that it is not the case of the prosecution that the

          alleged occurrence took place in public view, as such, the

          essential ingredients for constituting an offence under the SC/ST

          Act are not made out. It is further submitted that the allegation

          of assault is general and omnibus.

                       5. Learned Spl.PP for the State has opposed the prayer

          for grant of bail to the appellant.

                       6. Having heard the rival submissions made on behalf
           Patna High Court CR. APP (SJ) No.3593 of 2025(3) dt.16-04-2026
                                                        4/4




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

                     the complaint petition, I find that for the similar allegation, the

                     complainant has earlier filed a case against appellant no.1 and

                     others, in which he has been granted pre-arrest bail and also

                     the fact that the alleged offence has not taken place in public

                     view. In such circumstances, the impugned order dated

                     24.07.2025 is quashed and set-aside as the bar under Section 18

                     of the SC/ST Act is not attracted.

                                  7. The learned Trial Court is directed to release the

                     appellants, above named, on 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 Complaint Case No.35/2022,

                     subject to the condition as laid down under Section 438 (2) of

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

                                  8. Accordingly, the appeal is allowed.



                                                (Purnendu Singh, J)
Sanjay/-

U      T


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