Patna High Court
Navin Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The appeal is allowed; the orders of the Additional Sessions Judge are quashed and bail is granted to the appellants.
Summary
The appellants, a group of twelve individuals, appealed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against orders dated 28‑06‑2025 and 29‑07‑2025 passed by the Additional Sessions Judge, Madhubani. The FIR alleged that the appellants assaulted an informant and abused him in a caste name, the informant claiming scheduled‑caste status. The appellants contended that the case was false, arising from a land‑dispute and prior enmity, and that the police investigation resulted in a closure report finding the matter civil in nature with no public caste‑based abuse. The Special Judge, relying on the closure report and the lack of prima facie evidence of caste abuse, directed that the appellants be released on bail and quashed the impugned orders. The High Court held that the appeal was within the limitation period, the allegations were general and omnibus, and therefore the bail order was justified, allowing the appeal and setting aside the lower court’s orders.
Issues considered
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act constitute a cognizable offence warranting denial of bail.
- Whether the appeal filed under Section 14A(2) of the Act is within the limitation prescribed under Section 14A(3).
- Whether the police closure report indicating a civil dispute can be relied upon to dismiss the caste‑based atrocity allegation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 308, 323, 327, 341, 354B, 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3)
Subjects
- SC/ST Act
- bail
- false case
- land dispute
- closure report
- limitation period
- scheduled caste
- assault
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3760 of 2025
Arising Out of PS. Case No.-39 Year-2024 Thana- SC/ST District- Madhubani
======================================================
1. Navin Kumar Singh S/O Late Laxmi Narayan Singh R/O Village- Kharik,
P.S- Bheja, Distt.- Madhubani.
2. Ramanand Yadav S/O Late Dev Lal Yadav R/O Village- Kharik, P.S- Bheja,
Distt.- Madhubani.
3. Nathuni Yadav @ Nathuni Yadav Nutan S/O Late Madhur Yadav R/O
Village- Kharik, P.S- Bheja, Distt.- Madhubani.
4. Rajvanshi Yadav S/O Late Malbar Yadav R/O Village- Kharik, P.S- Bheja,
Distt.- Madhubani.
5. Arun Singh S/O Late Udit Narayan Singh R/O Village- Kharik, P.S- Bheja,
Distt.- Madhubani.
6. Hare Kishun Yadav @ Hare Krishan Yadav S/O Late Madhur Yadav R/O
Village- Kharik, P.S- Bheja, Distt.- Madhubani.
7. Hare Ram Yadav @ Hari Bhushan Prasad @ Hari Bhusan Yadav S/O
Madhur Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani.
8. Mushru Yadav @ Parmeshwar Yadav S/O Late Damodar Yadav R/O Village-
Kharik, P.S- Bheja, Distt.- Madhubani.
9. Pawan Yadav @ Pawan Kumar Yadav S/O Ram Prasad Yadav R/O Village-
Kharik, P.S- Bheja, Distt.- Madhubani.
10. Sajjan Yadav @ Sajjan Kumar Yadav S/O Ram Prasad Yadav R/O Village-
Kharik, P.S- Bheja, Distt.- Madhubani.
11. Sri Prasad Yadav S/O Late Malbar Yadav R/O Village- Kharik, P.S- Bheja,
Distt.- Madhubani.
12. Prem Chandra Yadav @ Prem Chandra Kumar Yadav S/O Late Malbar
Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani.
13. Chandra Kishore Yadav S/O Late Bindeshwar Yadav R/O Village- Kharik,
P.S- Bheja, Distt.- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar
2. Mala Devi W/O Dilip Paswan R/O Village- Kharik, P.S- Bheja, Distt.-
Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Manoj Kumar Jha
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 23-02-2026 Heard the parties.
Patna High Court CR. APP (SJ) No.3760 of 2025(3) dt.23-02-2026
2/4
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 28.06.2025 and 29.07.2025 passed
by the learned Additional Sessions Judge I cum Special Judge,
Madhubani concerned Court, where the case is pending in
connection with Madhubani SC/ST P.S. Case No. 39 of 2024
registered under Sections 147, 148, 341, 323, 379, 327,
427, 308, 504, 506, 354B of IPC 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, appellant assaulted informant and
others alongwith co-accused persons and also abused him in
caste name. Informant claims to be member of scheduled
caste community.
5. Learned counsel for the appellants submitted that
the present false case was lodged in the background of land
dispute and previous enmities between the parties. It is
submitted that no allegation as raised to abuse in caste name
Patna High Court CR. APP (SJ) No.3760 of 2025(3) dt.23-02-2026
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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. It is pointed out that
police submitted closure report after investigation. The
appellants claimed clean antecedent.
6. Learned Spl.PP duly assisted by learned counsel
for the informant while opposing the prayer of 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.
7. In view of aforesaid factual submission as prima-
facie allegation qua physical assault appears very much
general and omnibus in the background of land dispute, where
police after investigation submitted closure report against
appellant finding the dispute civil in nature, where allegation
qua abuse in caste name prima-facie not appears to be made
Patna High Court CR. APP (SJ) No.3760 of 2025(3) dt.23-02-2026
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in public view, accordingly, all above-named 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 Additional
Sessions Judge I cum Special Judge, Madhubani concerned
Court, where the case is pending in connection with
Madhubani SC/ST P.S. Case No. 39 of 2024, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
8. Accordingly, impugned order dated 28.06.2025
and 29.07.2025 are hereby set/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
Sudha/-
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