Patna High Court
Mathura Lohar @ Mathura VishwakarnaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The appeal is allowed; the order of the trial court is quashed and bail is granted to the appellants.
Summary
The appellants, eight members of a family, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for assaulting an informant with brick plates and allegedly abusing her caste name. They appealed to the Patna High Court under Section 14A(2) of the Act against the order of the District and Additional Sessions Judge. The court noted that the FIR’s description of the physical assault was vague and that the alleged caste abuse was not made in public view. Relying on the Supreme Court’s decision in Hitesh Verma v. State of Uttarakhand, the court held that such general and omnibus allegations do not justify denial of bail. Consequently, the High Court directed that all eight appellants be released on bail with a bond of Rs.10,000 and two sureties each, subject to Section 438(2) of the Cr.P.C., quashed the impugned order dated 27.08.2025, and allowed the appeal.
Issues considered
- Whether the allegations of physical assault and caste-based abuse in the FIR are sufficient to deny bail under the SC/ST (Prevention of Atrocities) Act.
- Whether caste-based abuse must be made in public view to constitute an offence under the Act.
- Whether the appeal filed under Section 14A(2) of the Act is within the limitation period prescribed under Section 14A(3).
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 14A(3)
Subjects
- bail
- SC/ST Act
- caste-based violence
- assault
- public view
- general and omnibus allegations
- limitation period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3768 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- SC/ST District- Sheikhpura
======================================================
1. Mathura Lohar @ Mathura Vishwakarna S/O Late Sitaram Mistri R/O
Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura,
Distt.- Seikhpura.
2. Dhiraj Kumar S/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla-
Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.-
Seikhpura.
3. Deepak Kumar @ Deepak Raj S/O Mathura Lohar @ Mathura Vishwakarna
R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura,
Distt.- Seikhpura.
4. Kundan Kumar S/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla-
Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.-
Seikhpura.
5. Manju Devi W/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla-
Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.-
Seikhpura.
6. Sindhu Devi W/O Dheeraj Kumar R/O Mohalla- Mahadev Nagar, Golden
Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura.
7. Anshu Kumari @ Anshu Sharma W/O Deepak Kumar R/O Mohalla-
Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.-
Seikhpura.
8. Rahul Kumar S/O Late Balmukund R/O Mohalla- Main Road, Gokul Chak,
Aliganj, Ward-4, P.S- Chandradeep, Distt.- Jamui.
... ... Appellant/s
Versus
1. The State of Bihar
2. Tetri Devi W/O Bhaso Das R/O Mohalla- Mahadev Nagar, Golden Chowk,
Katari Road, P.S- Seikhpura, Distt.- Seikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar Pandey
For the Respondent/s : Mr. Binay Krishna
For the Informant : Mr. Anurag Rishu
Mr. Mritunjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard the parties.
Patna High Court CR. APP (SJ) No.3768 of 2025(2) dt.23-02-2026
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2. The appellants have 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 31.07.2025 passed by
the learned learned District and Additional Sessions Judge
I cum Special Judge (SC/ST) Act, Sheikhpura /concerned
Court, where the case is pending in connection with
Sheikhpura (SC/ST) P.S. Case No. 12 of 2025 registered
under Sections 126(2), 115(2), 303(2), 351(2), 352 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, all eight appellants alleged to
assault informant to causing head and bodily injuries by
using brick plates and also alleged to abuse in caste name
of the informant. Informant claimed to be a member of
the SC community.
5. Learned counsel for the appellant submitted
that the allegation qua physical assault appears very
Patna High Court CR. APP (SJ) No.3768 of 2025(2) dt.23-02-2026
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much general and omnibus against appellants. It is
submitted that it can be gathered safely from the facial
perusal of FIR, that abuse in caste name not appears to
be made in public view as the public in issue only alleged
to arrive at the place of occurrence after the actual
occurrence. 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 the bail
submitted that appellants were actively involved during
the occurrence and assaulted informant by abusing in her
caste name.
7. In view of aforesaid factual submissions and
by taking note of fact, as allegation qua physical assault is
appearing very much general and omnibus in nature,
coupled with the fact that prima-facie abuse in caste
Patna High Court CR. APP (SJ) No.3768 of 2025(2) dt.23-02-2026
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name also not appears to be made in public view,
accordingly all above-named eight appellants in the event
of their arrest or surrender before the learned trial Court,
within a period of six weeks of the order, are 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 District and
Additional Sessions Judge I cum Special Judge (SC/ST)
Act, Sheikhpura /concerned Court, where the case is
pending in connection with Sheikhpura (SC/ST) P.S. Case
No. 12 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/-
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