Jamadar Mahto @ Jamdar MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3732 of 2025
                   Arising Out of PS. Case No.-12 Year-2020 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
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                 Jamadar Mahto @ Jamdar Mahto S/O Bigan Mahto Resident of Vill.-
                 Sisawaniya, Dhangar Toli, P.S.- Ramgarhwa, Dist.- East Champaran.
                                                                           ... ... Appellant/s
                                                   Versus
           1.     The State of Bihar.
           2.     Sundarpati Devi W/O late Mohan Manjhi Resident of Vill.- Sisawaniya,
                  Dhangar Toli, P.S.- Ramgarhwa, Dist.- East Champaran.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Sanjeev Kumar, Advocate
                                               Mr. Sitesh Kashyap, Advocate
                 For the Respondent/s   :      Mr.Binay Krishna, Spl. PP
                 ======================================================
                 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 18.07.2025 passed by the learned Exclusive Special Judge

                   (SC/ST Act), East Champaran at Motihari, in A.B.P. No.

                   3175/2025 arising out of Complaint Case No. 12/2020 (Tr. No.

                   158/2021) registered under Sections 323, 341, 504 of the Indian

                   Penal Code and Sections 3(i)(r)(s) of SC/ST (POA) Act.

                                3. Present appeal is well within limitation as prescribed

                   under Section 14A(3) of the Act.
Patna High Court CR. APP (SJ) No.3732 of 2025(4) dt.23-02-2026
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                      4. As per complaint, appellant disposes complainant from

          her land, which was allotted to her through “purcha” by District

          Administration.

                      5. Learned counsel appearing for the appellant submitted

          that the allegation as raised through complaint petition is not

          appears convincing for the simple reason that same not appears

          supported through affidavit and, therefore same cannot be relied

          upon in view of legal report as available through Priyanka

          Srivastava Vs. State of Uttar Pradesh [2015 (6) SCC 287].

          It is submitted that primarily dispute appears civil in nature arising

          out of land dispute. It is submitted that even the allegation qua

          abusing caste name also not appears convincing as same was not

          made in public view. 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. Manjeet Kumar Mishra, appearing for the informant, while

          opposing the prayer of bail submitted that the appellant was

          actively involved in the occurrence. It is submitted that abuse was

          made in caste name of complainant.
            Patna High Court CR. APP (SJ) No.3732 of 2025(4) dt.23-02-2026
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                                   7. In view of aforesaid factual submissions and by

                      taking note of fact as dispute primarily appears civil in nature,

                      where allegation in caste name pirma facie also not appears to be

                      made 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),

                      East Champaran at Motihari/concerned Court, where the case is

                      pending in connection with A.B.P. No. 3175/2025 arising out of

                      Complaint Case No. 12/2020 (Tr. No. 158/2021), 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 18.07.2025 as

                      passed      through      A.B.P.      No.    3175/2025      is   hereby   set

                      aside/quashed.

                                   9. Hence, appeal stands allowed.



                                             (Chandra Shekhar Jha, J)
veena/-
U       T