Patna High Court
Ahmed @ Ahmad Hussain @ Mate Ahmad @ Ahmed MateversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that no prima facie case of caste abuse was made out against the appellant and therefore quashed the order of arrest and granted bail.
Summary
The appellant, Ahmed Hussain, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing an informant in his caste name during a site inspection. The appellant contended that he was unaware of the informant's caste, that the alleged abuse was not made in public, and that there was no prima facie case against him. The Special Judge had ordered his arrest, but the appellant appealed under Section 14A(2) of the Act, arguing the appeal was within the limitation period. The High Court examined the factual submissions, noted the lack of a specific allegation of caste abuse against the appellant and the private nature of the alleged incident, and held that no prima facie case existed. Consequently, the court quashed the order of arrest, granted bail under Section 438 of the Cr.P.C., and allowed the appeal.
Issues considered
- Whether the appellant's appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is within the limitation period.
- Whether a prima facie case of caste-based abuse exists against the appellant.
- Whether bail can be granted under Section 438 of the Criminal Procedure Code in the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3)
Subjects
- SC/ST Act
- caste abuse
- bail
- prima facie case
- criminal appeal
- limitation period
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3753 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- SC/ST District- Gopalganj
======================================================
Ahmed @ Ahmad Hussain @ Mate Ahmad @ Ahmed Mate S/o Moharam
Miyan @ Moharam Miya Resident of village- Mananpur, Nawada, PS-
Govindganj, Dist- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Rakesh Kumar Choudhary S/o Shyamdev Choudhary R/o vill - Koirigawan,
P.S.- Barharia, Distt.- Siwan, Presently posted as the Junior Engineer, Rural
Works Department, Works Division, P.S.- Gopalganj, Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vatsal Verma
For the Respondent/s : Mrs.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 23-02-2026 Heard the parties.
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 27.08.2025 passed by
the learned District and Additional Sessions Judge XI cum
Special Judge (SC/ST) Act, Gopalganj /concerned Court,
where the case is pending in connection with Gopalganj
(SC/ST) P.S. Case No. 39 of 2025 registered under
Sections 126(2), 115(2), 132, 351(2), 352 and 3(5) of
BNS and Sections 3(i)(r)(s) of SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.3753 of 2025(3) dt.23-02-2026
2/4
3. Present appeal is well within limitation as
prescribed under Section 14A(3) of the Act.
4. As per FIR, the appellant abused informant in
his caste name, who is a junior engineer during work
inspection.
5. Learned counsel for the appellant submitted
that the appellant was not aware about the caste of the
informant being Junior engineer when he inspected the
site. It is submitted that appellant is a labor working at
the site. It is submitted that when the labor and other
workers could not stop lawful work of the contractor as
per his instructions, the present false implication was
raised against appellant as to abuse in caste name
alongwith other co-accused persons. It is submitted that
allegation was not made in public view, therefore no
prima-facie case is supposed to be make out. In support
of his submission learned counsel relied upon the legal
report of Hon’ble Supreme Court as available through
Hitesh Verma v. State of Uttarakhand, (2020) 10
Patna High Court CR. APP (SJ) No.3753 of 2025(3) dt.23-02-2026
3/4
SCC 710. The appellant claimed clean antecedent.
6. Learned Spl.PP duly assisted by learned
counsel for the informant while opposing bail submitted
that the abuse in caste name was made by the appellant
alongwith other co-accused persons when the informant
visited work place in capacity of junior engineer.
7. In view of aforesaid factual submissions and
by taking note of fact, as abuse in caste name prima-
facie not appears specifically alleged against this
appellant and further same 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 District
and Additional Sessions Judge XI cum Special Judge
(SC/ST) Act, Gopalganj /concerned Court, where the case
is pending in connection with Gopalganj (SC/ST) P.S.
Patna High Court CR. APP (SJ) No.3753 of 2025(3) dt.23-02-2026
4/4
Case No. 39 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C.
8. Accordingly, impugned order dated
27.08.2025 is hereby set/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…