Patna High Court
Pappu Singh @ Nand Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court allowed the appeal, quashed the trial court’s order, and granted bail to the appellants.
Summary
The appellants were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several sections of the Bihar Penal Code for assaulting an informant, stealing her mangalsutra, and allegedly abusing her caste name. The appellants argued that the case was retaliatory, that the caste abuse was not made in public view, and that the allegations were vague and false. The Special Judge had denied bail, prompting the appellants to file an appeal under Section 14A(2) of the SC/ST Act within the prescribed limitation. The Patna High Court examined the nature of the allegations, the prior enmity between the parties, and the lack of a public caste insult, and concluded that bail could be granted. The court quashed the order of the Special Judge, directed the release of the five appellants on bail with a bond of Rs.10,000 and two sureties each, subject to Section 438(2) of the Cr.P.C., and allowed the appeal.
Issues considered
- Whether the appeal filed under Section 14A(2) of the SC/ST Act is within the limitation period.
- Whether the allegations of caste-based abuse, as stated in the FIR, are sufficient to deny bail.
- Whether the prior enmity between the parties renders the complaint a false or retaliatory case.
- Whether bail should be granted under Section 438(2) of the Criminal Procedure Code.
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
- bail
- SC/ST Act
- caste-based violence
- criminal assault
- false complaint
- prior enmity
- limitation period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3756 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- NEORA District- Patna
======================================================
1. Pappu Singh @ Nand Kishore Singh son of Sri Deopujan Singh Resident of
Village -Puraniya PS -Neura District- Patna
2. Aklesh Singh @ Akhilesh Kumar son of Sri Hari Shankar Singh Resident of
Village -Puraniya PS -Neura District- Patna
3. Bimlesh Singh @ Bimlesh Kumar son of Sri Hari Shankar Singh Resident of
Village -Puraniya PS -Neura District- Patna
4. Anil Singh @ Anil Kumar son of Hari Shankar Singh Resident of Village
-Puraniya PS -Neura District- Patna
5. Sagun Singh @ Sugan Singh @ Kamlesh Kumar son of Sri Hari Shankar
Singh Resident of Village -Puraniya PS -Neura District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Khusiya Devi wife of Sri Vijay Paswan Resident of Village -Puraniya PS
-Neura District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjeet Choubey, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl.PP
For the Informant : Mr. Jitender Kumar, Adv.
Mr. Himanshu Shekhar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 23-02-2026 Heard the parties.
2. The appellants 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 20.08.2025 passed by the learned Exclusive
Special Judge (SC/ST) Act, Civil Court (Sadar) Patna
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/concerned Court, where the case is pending in
connection with Neura P.S. Case No. 104 of 2025
registered under Sections 126(2), 115(2), 303(2),
79, 351(2), 352, 351(3) and 3(5) of BNS 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.
4. As per FIR, on 18.06.2025 around 10 PM
without any reason appellant no. 1 started
assaulting informant with lathi and rod and fled
away, whereafter informant returned to his home
in the meantime the appellants also came back
and after criminal trespass assaulted informant
and when her husband came to save her they
snatched their Mangalsutra. It is also alleged that
appellants abused informant in her caste name.
The informant claimed to be a member of
scheduled caste community.
5. Learned counsel for the appellants
submitted that the occurrence took place in the
background of previous enmities as the parties are
in inimical terms and for prior occurrence a case
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was lodged by the appellants side against the
husband of the informant which was registered as
Neura P.S. Case No. 107 of 2025. It is submitted
that in retaliation of that criminal case, the present
false case was lodged by informant being wife. It is
submitted that no allegation as raised to abuse in
caste name appears to be made in public view,
and therefore prima-facie no case is made out. It is
submitted that allegation qua physical assault is
appearing very much general and omnibus against
appellants. 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
SCC 710. The appellants claimed clean
antecedent.
6. Learned Spl.PP duly assisted by learned
counsel for the informant while opposing bail
submitted that appellants were found actively
involved during the occurrence. It is submitted that
allegation as to abuse in caste name also appears
available through FIR.
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7. Let it be so, considering the nature of
allegation and previous enmities between the
parties coupled with the fact that allegation qua
abuse in caste name prima-facie not appears to be
made in public view, accordingly, all above-named
five appellants in the event of their 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) each with two sureties of
the like amount each to the satisfaction of the
learned learned Exclusive Special Judge (SC/ST)
Act, Civil Court (Sadar) Patna /concerned Court,
where the case is pending in connection with
Neura P.S. Case No. 104 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C.
8. Accordingly, impugned order dated
20.08.2025 is hereby set/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
Sudha/-
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