Lalan Singh Chandrabansi @ Lalan PrasadversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No. 4571 of 2025
                       Arising Out of PS. Case No.-414 Year-2024 Thana- CHENARI District- Rohtas
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                 Lalan Singh Chandrabansi @ Lalan Prasad S/O Ramkrit Kahar R/o Vill.-
                 Kekai, P.S - Shivsagar, District - Rohtas

                                                                                     ... ... Appellant
                                                       Versus
                 The State of Bihar BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :         Mr.Binod Murari Mishra, Advocate
                 For the State          :         Mr.Binay Krishna, Spl.PP
                 For the Respondent No.2 :        Mr. Chhotelal Mishra, Advocate,
                                                  Ms. Jyoti Prasad,Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   22-06-2026                 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 20.09.2025 passed by the

                   learned Special Judge SC/ST Act Rohtas at Sasaram, in

                   connection with           Chenari P.S. Case No. 414 of 2024

                   registered under Sections 126(2), 115(2), 74, 303(2),

                   351(2), 352, 3(5) of the B.N.S and section 3(1) (r), 3(1)

                   (s), 3(ii) (va) of the SC/ST Act.

                               3. Present appeal is well within limitation as

                   prescribed under Section 14A(3) of the Act.
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                       4. As per FIR, the appellant alleged to assault the

          informant and his family members by using lathi,danda etc.

          causing head and bodily injury and also abused informant

          and family members by using caste name.

                       5. Learned counsel appearing for the appellant

          submitted that the present criminal prosecution was initiated

          in the background of the land disputes, for which a title suit

          no. 1890/2024 is pending before learned trial court. It is

          submitted that the appellant side                       also received injuries

          during the course of occurrence for which a case was lodged

          at the same police station prior to the present FIR which was

          registered as Chenari P.S Case No 412 of 2024. It is also

          pointed out that during the course of occurrence no third

          person was available and the occurrence took place between

          the parties and their family members, therefore, it can be

          safely said that even if any abuse was made on caste name,

          same was not made in a public view, therefore, a prima facie

          case under SC/ST Act does not appears to be made out. The

          appellant claims clean antecedent. In support of aforesaid

          submission, learned counsel relied upon the legal report of
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          Hitesh Verma Vs. State of Uttarakhand and Another

          [(2020) 10 SCC 710] and Gulam Mustafa Vs. State of

          Karnataka & Anr. [(2023) SCC OnLine SC 603].

                       6. Learned Special PP, Mr. Binay Krishna, duly

          assisted by the learned counsel for informant, Mr. Chhotelal

          Mishra, while opposing the prayer of bail as raised through

          present       appeal, submitted that the appellant abused the

          informant and his family members by their caste name. It is

          also submitted that the injury was caused by appellant on

          the vital parts of her body during the course of occurrence,

          however, he fairly conceded that for the same set of

          occurrence, the appellants side has also lodged a case as

          submitted aforesaid and also, a title suit is pending between

          the parties.

                       7. In view of aforesaid factual and legal submissions

          and by taking note of the fact, as the occurrence prima facie

          appears free fight in nature, where both parties received injuries,

          where occurrence admittedly took place in the background of land

          dispute for which title suit is pending between the parties ,

          accordingly, above-named appellant in the event of his arrest

          or surrender before the learned trial Court, within a period of
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                         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 Special Judge SC/ST Act                       Rohtas at

                         Sasaram/concerned Court, where the case is pending in

                         connection with in connection with Chenari P.S. Case No.

                         414 of 2024, subject to the conditions as laid down under

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

                                      8. Accordingly, impugned order dated 20.09.2025

                         is hereby set aside/quashed.

                                      9. Hence, appeal stands allowed.


                                                                        (Chandra Shekhar Jha, J)
aniket/-

U          T