Patna High Court
Shambhu RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that no prima facie case under the SC/ST Act existed and therefore granted bail, setting aside the lower court’s order.
Summary
Shambhu Rai appealed to the Patna High Court under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act against an order that denied him bail in a case alleging assault and caste‑based abuse. The FIR alleged that Rai assaulted the informant and used caste slurs, but the appellant contended the complaint was false and stemmed from a land dispute. The court examined whether a prima facie case existed under the Act, noting that the alleged caste abuse was not in public view and the dispute was essentially civil. It also confirmed that the appeal was filed within the limitation period prescribed by Section 14A(3). Concluding that no prima facie case under the SC/ST Act was made out, the court set aside the lower court’s order, granted bail on a bond of Rs. 10,000 with two sureties, and allowed the appeal.
Issues considered
- Whether the appellant is entitled to bail under the SC/ST (Prevention of Atrocities) Act.
- Whether a prima facie case of caste‑based offence exists given the alleged civil nature of the dispute and lack of public caste abuse.
- Whether the appeal is within the limitation period prescribed under Section 14A(3) of the Act.
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 126(2), 303(2), 3(1)(s), 3(1)w(I), 3(2), 3(5), 351(2), 352, 3(i)(r), 76
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3)
Subjects
- bail
- SC/ST Act
- caste abuse
- prima facie case
- civil dispute
- limitation period
- scheduled caste
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3725 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- SC/ST District- Vaishali
======================================================
Shambhu Rai S/O Jai Govind Rai R/O Vill.- Sararia, at Present Salahpur, P.S.-
Lalganj, Dist.- Vaishali. ... ... Appellant/s
Versus
1. The State of Bihar.
2. Amar Nath Chowdhary S/O Late Ram Sunder Chaudhary R/O Vill.-
Khatritola Premganj, P.S.- Lalganj, Dist.- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arvind Kumar Sinha, Advocate
For the Respondent/s : Ms.Usha Kumari 1, Spl. PP
For the Informant : Mr. Shakil Ahmad Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. The appellant has preferred the present appeal under
Section 14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short ‘the Act’) against the order
dated 19.08.2025 passed by the learned Exclusive Special Judge
(SC/ST Act)-cum-District and Additional Sessions Judge, Vaishali
at Hajipur in A.B.P. No. 2133 of 2025 arising out of Hajipur
(SC/ST) P.S. Case No. 25 of 2025 registered under Sections
126(2), 115(2), 352, 351(2), 76, 303(2) and 3(5) of BNS read
with Sections 3(i)(r) 3(1)(s) 3(1) w (I), 3(2) of SC/ST (POA) Act.
3. Present appeal is well within limitation as prescribed
under Section 14A(3) of the Act.
4. As per FIR, appellant assaulted informant and others
Patna High Court CR. APP (SJ) No.3725 of 2025(4) dt.23-02-2026
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alongwith co-accused persons and also abused him in caste name.
Informant claims to be member of scheduled caste community.
5. Learned counsel appearing for the appellant submitted
that present false case was lodged in the background of land
dispute as appellant purchased a land through registered sale deed
from brother of the informant. It is submitted that proceeding
under Section 145 of Cr.P.C./164 of BNSS is still pending between
the parties. Submitting regarding occurrence, it is pointed out that
the allegation qua physical assault is appearing very much general
and omnibus in nature against appellant. It is further submitted
that the caste name abuse not appears in public view and,
therefore, no prima facie case under SC/ST Act appears made out.
In support of his submission, learned counsel relied upon the legal
report of Hon’ble Supreme Court as available through Hitesh
Verma Vs. State of Uttarakhand reported in (2020) 10 SCC
710 and Gulam Mustafa Vs. State of Karnataka and Anr.
reported in 2023 SCC OnLine SC 603 .
6. Learned Special P.P. duly assisted by learned counsel
Mr. Shakil Ahmad Khan, appearing for the informant, while
opposing the prayer of bail submitted that the appellant was
actively involved in the occurrence.
7. In view of aforesaid factual submissions and by
Patna High Court CR. APP (SJ) No.3725 of 2025(4) dt.23-02-2026
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taking note of fact as the disputes between the parties primarily
appears civil in nature, coupled with the fact that the caste abuse
not appears prima facie in public view, accordingly, above-named
appellant in the event of his arrest or surrender before the learned
trial Court, within a period of six weeks of the order, is directed to
be released on bail furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge (SC/ST Act)-
cum-District and Additional Sessions Judge, Vaishali at
Hajipur/concerned Court, where the case is pending in connection
with A.B.P. No. 2133 of 2025 arising out of Hajipur (SC/ST) P.S.
Case No. 25 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of BNSS.
8. Accordingly, impugned order dated 19.08.2025 as
passed through A.B.P. No. 2133/2025 is hereby set
aside/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
veena/-
U T
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