Patna High Court
Md. Faiyaz Ali @ Fariyaj AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
The appellant, Md. Faiyaz Ali, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant, a member of a Scheduled Caste, with a knife. The trial court denied bail, holding that the offence fell within the ambit of the Act. The appellant appealed under Section 14A(2) of the Act, contending that the incident was a simple fight, the injury was minor, and there was no caste‑based insult. The High Court examined the medical report, found the injury to be simple, and noted the absence of any public caste abuse. Applying Section 438(2) of the Cr.P.C., the Court granted bail on a bond of Rs.10,000 with two sureties, set aside the trial court’s order, and allowed the appeal.
Issues considered
- Whether bail can be granted under the SC/ST (Prevention of Atrocities) Act when the injury is simple and no caste insult is alleged.
- Whether the order of the Exclusive Special Judge denying bail is violative of Section 438(2) of the Criminal Procedure Code.
- Whether the appeal filed under Section 14A(2) is within the limitation period prescribed by Section 14A(3).
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 116(2), 126(2), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3), 3(2)(va), 3(i)(r)(s)
Subjects
- bail
- SC/ST Act
- caste based violence
- assault
- criminal procedure
- limitation period
- exclusive special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3826 of 2025
Arising Out of PS. Case No.-439 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Md. Faiyaz Ali @ Fariyaj Ali S/O Md. Kashim Ali @ Md. Kasim R/O
Village- Mirzapur, Near Masjid, Ward No. 09, P.S- Marhowrah, Distt.- Saran
at Chapra.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rahul Kumar Baitha S/O Suresh Kumar Baitha R/O Village- Mirzapur,
Ward No. 09, P.S- Marhowrah, Distt.- Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dewendra Narayan Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
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 27.08.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Saran at Chapra, in A.B.P. No. 3278/2025 in
connection with Marhowrah P.S. Case No. 439/2025 registered
under Sections 126(2), 115(2), 116(2), 109, 74, 352, 351(2)
and 3(5) of the BNS and Sections 3(i)(r)(s) and 3(2)(va) of the
SC/ST (POA) Act.
3. Present appeal is well within limitation as prescribed
under Section 14A(3) of the Act.
5. As per FIR, appellant alleged to assault informant by
Patna High Court CR. APP (SJ) No.3826 of 2025(3) dt.23-02-2026
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using knife. Informant is a member of SC/ST community.
6. Learned counsel appearing for the appellant submitted
that occurrence was free fight in nature, where for the said
occurrence appellant’s side also lodged a case, which has been
registered as Marhowrah P.S. Case No. 438 of 2025. Injury
alleged to be caused by appellant found simple in nature. It is
submitted that there is no whisper regarding abusing in caste
name in public view and moreover appellant is a man of clean
antecedent.
7. Learned Special P.P. duly assisted by learned counsel
appearing on behalf of informant, while opposing the prayer of bail
submitted that allegation of causing knife injury is specifically
available against appellant.
8. In view of the facts and circumstances, as mentioned
above and by taking note of fact as prima-facie injury as alleged to
be caused by appellant upon medical examination found simple
coupled with the fact, prima-facie there is no whisper of allegation
of abusing in caste name in public view, accordingly, above-named
appellant in the event of his arrest or surrender before the learned
trial Court, within a period of four 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
Patna High Court CR. APP (SJ) No.3826 of 2025(3) dt.23-02-2026
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satisfaction of the learned Exclusive Special Judge, SC/ST Act,
Saran at Chapra/concerned Court, where the case is pending in
connection with A.B.P. No. 3278/2025 in connection with
Marhowrah P.S. Case No. 439/2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C.
9. Accordingly, impugned order dated 27.08.2025 is
hereby set aside/quashed.
10. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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