Patna High Court
Amod Kumar @ Amod SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court set aside the order of the Exclusive Special Judge, granted bail to all four appellants, and allowed the appeal.
Summary
The appellants, four men from Rashulpur Kori Gaon, were charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and using caste-based abusive language. They contended that the allegations of assault were vague and that the alleged caste abuse was not made in public view, arguing that the case was retaliatory. The appellants filed an appeal under Section 14A(2) of the SC/ST Act challenging the bail order dated 19‑08‑2025 passed by the Exclusive Special Judge, asserting that the appeal was within the limitation period prescribed by Section 14A(3). The High Court, after hearing the parties, held that the physical‑assault allegation was omnibus and that the caste‑abuse allegation did not appear to have been made publicly, and therefore granted bail to the appellants, quashing the impugned order. Consequently, the appeal was allowed.
Issues considered
- Whether the appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is within the limitation period of Section 14A(3).
- Whether the allegations of physical assault and caste‑based abuse are sufficiently specific and made in public view to justify denial of bail.
- Whether the order dated 19‑08‑2025 passed by the Exclusive Special Judge should be set aside.
- Whether bail can be granted under Section 438(2) 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
- bail
- SC/ST Act
- caste based offence
- criminal appeal
- limitation period
- exclusive special judge
- general allegations
- public view
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3775 of 2025
Arising Out of PS. Case No.-350 Year-2025 Thana- GORAUL District- Vaishali
======================================================
1. Amod Kumar @ Amod Sah S/O Mahavir Sah Resident of Village-
Rashulpur Kori Gaon, P.S- Goroul, Distt.- Vaishali.
2. Mahavir Sah S/O Parikshan Sah Resident of Village- Rashulpur Kori Gaon,
P.S- Goroul, Distt.- Vaishali.
3. Manoj Kumar @ Manoj Sah S/O Ram Ji Sah Resident of Village- Rashulpur
Kori Gaon, P.S- Goroul, Distt.- Vaishali.
4. Rupesh Kumar S/O Gabbar Sah Resident of Village- Rashulpur Kori Gaon,
P.S- Goroul, Distt.- Vaishali.
... ... Appellant/s
Versus
1. The State of Bihar
2. Savita Devi W/O Shiv Kumar Paswan Resident of Village- Rashulpur Kori
Gaon, P.S- Goroul, Distt.- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Subhash Kumar
For the Respondent/s : Mr.Mukeshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 23-02-2026 Heard the parties.
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 19.08.2025 passed by
the learned Exclusive Special Judge (SC/ST) Act, Vaishali
at Hajipur /concerned Court, where the case is pending in
connection with Goroul P.S. Case No. 350 of 2025
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registered under Sections 191(2), 191(3), 126(2),
115(2), 118(1), 74, 303(4), 352(2) 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, appellants alleged to assault
informant after criminal trespass to his house 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 prior to this occurrence appellant’s side lodged a case
against informant which was lodged as Goroul P.S. Case
No. 349 of 2025 and in retaliation the present case was
lodged as Goroul P.S. Case No. 350 of 2025. It is
submitted that in fact the appellant’s received grievous
injury during occurrence. It is also submitted that
allegation qua physical assault is appearing very general
and omnibus against appellants and moreover, the
allegation as to abuse in caste name also not appears to
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be 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 v.
State of Uttarakhand, (2020) 10 SCC 710. It is
submitted that the occurrence in actual took place due to
neighborhood dispute and differences as the informant
usually blocked the common passage. Appellants claimed
clean antecedent.
6. Learned Spl.PP duly assisted by learned
counsel for the informant while opposing the bail
submitted that appellants were found actively involved
during the occurrence and the abuse in caste name was
also made in public.
7. Let it be so, as allegation qua physical assault
is appearing very much general and omnibus in nature,
coupled with the fact that prima-facie abuse in caste
name also not appears to be made in public view,
accordingly all above-named four appellants in the event
of their arrest or surrender before the learned trial Court,
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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 Exclusive
Special Judge (SC/ST) Act, Vaishali at Hajipur /concerned
Court, where the case is pending in connection with
Goroul P.S. Case No. 350 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C.
8. Accordingly, impugned order dated
19.08.2025 is hereby set/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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