Patna High Court
Kamlesh Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The appeal is allowed, the order of the Additional Sessions Judge is quashed, and bail is granted to the appellant.
Summary
The appellant, Kamlesh Kumar Mehta, was charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and using caste-based abuse in a land dispute. The informant claimed to belong to a SC/ST community, while the appellant contended that the case was false, arising from a civil land dispute, and that the alleged caste abuse was not made in public view, thus lacking a prima facie case under the Act. The High Court examined the limitation provisions of Section 14A(3) of the SC/ST Act and considered precedents such as Hitesh Verma v. State of Uttarakhand and Gulam Mustafa v. State of Karnataka. Finding that the allegations did not constitute a prima facie offence under the SC/ST Act and that the dispute was essentially civil, the Court directed the appellant’s release on bail and set aside the trial court’s order. Consequently, the appeal was allowed and the impugned order quashed.
Issues considered
- Whether the appellant is entitled to bail pending trial under the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations constitute a prima facie offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the order dated 30.07.2025 passed by the Additional Sessions Judge is liable to be set aside.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 341, 342, 354(B), 387, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3), 3(1)(f), 3(1)(s), 3(1)w(I), 3(2)(va), 3(i)(r)
Subjects
- bail
- SC/ST Act
- caste abuse
- land dispute
- false case
- criminal appeal
- prima facie
- limitation period
- scheduled castes
- scheduled tribes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3824 of 2025
Arising Out of PS. Case No.-96 Year-2024 Thana- SC/ST District- Madhubani
======================================================
Kamlesh Kumar Mehta son of Late Ram Chandra Talwar R/o - Kulharia, P.O
- Kulharia, P.S - Babubarhi, District - Madhubani, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Most. Kanchan Devi Wife of Late Budhan Paswan R/o - Kulharia, P.O -
Kulharia, P.S - Babubarhi, District - Madhubani, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar Jha
For the Respondent/s : Mr.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 30.07.2025 passed by the learned Additional Sessions
Judge-1 cum Special Judge (SC/ST), Madhubani in A.B.P. No.
1131 of 2025 arising out of SC/ST P.S. Case No. 96/2024
registered under Sections 341, 342, 387, 354(B), 504 and 506 of
the IPC and Sections 3(i)(r), 3(1)(s), 3(1) w (I), 3(2)(va) and
3(1)(f) 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
Patna High Court CR. APP (SJ) No.3824 of 2025(3) dt.23-02-2026
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along with co-accused persons and also abused him in caste name,
where dispute arises out of land dispute. Informant claims to be
member of SC/ST community.
5. Learned counsel appearing for the appellant submitted
that present false case was lodged in the background of land
dispute as appellant purchased a land through registered sale
deed. Submitting regarding occurrence, it is pointed out that the
allegation qua physical assault is appearing very much general and
omnibus in nature against appellant. It is further submitted that
the caste name abuse not appears in public view and, therefore, no
prima facie case under SC/ST Act appears made out. In support of
his submission, learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Hitesh Verma Vs.
State of Uttarakhand, [(2020) 10 SCC 710] and Gulam
Mustafa Vs. State of Karnataka and Anr. [2023 SCC
OnLine SC 603].
6. Learned Special P.P. opposed the prayer of bail.
7. Despite service of notice to respondent no. 2,
informant failed to join the present Court proceedings.
8. In view of aforesaid factual submissions and by
taking note of fact as the disputes between the parties primarily
appears civil in nature, coupled with the fact as caste abuse not
Patna High Court CR. APP (SJ) No.3824 of 2025(3) dt.23-02-2026
3/3
appears prima facie 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 Additional Sessions Judge-1-cum
Special Judge (SC/ST), Madhubani/concerned Court, where the
case is pending in connection with A.B.P. No. 1131 of 2025 arising
out of SC/ST P.S. Case No. 96/2024, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of BNSS.
8. Accordingly, impugned order dated 30.07.2025 is
hereby set aside/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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