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Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the order of the Special Judge and directed bail, holding that the alleged caste abuse was not proved and the matter was essentially a civil land dispute.

Summary

The appellants Rajesh Yadav, Arvbind Yadav and Md. Sadam were charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting and abusing the complainant, who claimed SC/ST status, in a land‑dispute context. The appellants contended that the allegations were unsubstantiated, lacked an affidavit, and that any alleged caste abuse did not occur in public view. They appealed the order dated 30‑07‑2025 of the ADJ‑1 cum Special Judge (SC/ST) which had granted bail, invoking Section 14A(2) of the SC/ST Act. The Patna High Court held that the complaint was essentially a civil land dispute, the caste‑abuse allegation was not proved, and therefore the lower court's order was unsustainable. The court set aside the impugned order, directed the appellants to be released on bail with a bond of Rs.10,000 and two sureties, subject to Section 438(2) of the Cr.P.C., and allowed the appeal.

Issues considered

  • Whether the factual allegations of caste‑based assault and abuse are sufficiently proved to sustain proceedings under the SC/ST (Prevention of Atrocities) Act.
  • Whether bail can be granted to the accused under Section 438(2) of the Criminal Procedure Code in the circumstances of the case.
  • Whether the order of the ADJ‑1 cum Special Judge granting bail is liable to be quashed.

Legislation cited

Subjects

  • SC/ST Act
  • caste atrocity
  • bail
  • criminal appeal
  • land dispute
  • assault
  • IPC
  • Section 438
  • scheduled castes
  • scheduled tribes

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3828 of 2025
                    Arising Out of PS. Case No.-25 Year-2023 Thana- KHAGARIA COMPALINT CASE
                                                    District- Khagaria
                 ======================================================
           1.     Rajesh Yadav Son of Dorika Yadav Resident of Village- Sonihar, Ps- Alauli,
                  Dist- Khagaria
           2.    Arvbind Yadav Son of Brahmdev yadav Resident of Village- Sonihar, Ps-
                 Alauli, Dist- Khagaria
           3.    Md. Sadam @ Shadab Bashar son of Md. Saheb Raja Resident of Village-
                 Sonihar, Ps- Alauli, Dist- Khagaria
                                                                    ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.     Bhuvneshwar Sada son of not known Resident of Village- Sonihar, Ps-
                  Alauli, Dist- Khagaria
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Indrajit Kumar
                 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 30.07.2025 passed by the learned ADJ 1 cum Special Judge

                   (SC/ST), Khagaria, in Special A.B.A. No. 66/2025 in connection

                   with Complaint Case No. 25(c)/2023 registered under Sections

                   447, 452, 341, 323, 354(B), 379 and 504/34 of the IPC and

                   Sections 3(i)(r)(s), 3(1)(w)(i), 3(1)(a) and 3(2)(va) of the SC/ST

                   (POA) Act and Section 4/6 of the Dain Act.

                               3. Present appeal is well within limitation as prescribed
Patna High Court CR. APP (SJ) No.3828 of 2025(3) dt.23-02-2026
                                             2/3




          under Section 14A(3) of the Act.

                      4. Despite service of notice to respondent no. 2,

          informant failed to join the present Court proceedings.

                      5. As per complaint appellants assaulted complainant and

          also to abuse in caste name. Complainant claimed himself to be

          member of SC/ST community.

                      6. Learned counsel appearing for the appellants

          submitted that present occurrence took place in the background of

          land dispute. It is submitted that appellants lodged a case

          regarding land dispute bearing Case No. 09/21-22, which was

          decided in their favour against which appeal preferred by the

          informant before Divisional Commissioner, which was dismissed

          and therefore, out of aforesaid frustration of loosing legal battle

          the informant lodged the present complaint case, allegation of

          which cannot be relied upon for the reason as same also not

          appears supported with any affidavit in view of Priyanka

          Srivastava and Another Vs. State of Uttar Pradesh and

          Others as reported in [(2015) 6 SCC 287]. It is also submitted

          that allegation qua abusing caste name in public view not appears

          available. 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
               Patna High Court CR. APP (SJ) No.3828 of 2025(3) dt.23-02-2026
                                                            3/3




                         710].

                                      7. Learned Special P.P. opposed the prayer of bail.

                                      8. In view of the facts and circumstances, as mentioned

                         above and by taking note of fact as primarily dispute between the

                         parties appears civil in nature and abusing in caste name also not

                         appears to be made in public view, accordingly, above-named

                         appellant in the event of their 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 satisfaction of the learned ADJ-1 cum Special Judge

                         (SC/ST), Khagaria/concerned Court, where the case is pending in

                         connection with Special A.B.A. No. 66/2025 in connection with

                         Complaint Case No. 25(c)/2023, subject to the conditions as laid

                         down under Section 438(2) of the Cr.P.C.

                                      9. Accordingly, impugned order dated 30.07.2025 is

                         hereby set aside/quashed.

                                      10. Hence, appeal stands allowed.


                                                (Chandra Shekhar Jha, J)
S.Tripathi/-
U          T


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