Patna High Court
RAM SHARAN SAH @ RAM SHARAN SAHUversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that no prima facie allegation of caste‑based abuse existed, warranting the quashal of the Special Judge’s order.
Summary
The appellant, Ram Sharan Sah, was convicted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a police informant and using caste-based abuse during a land‑dispute incident in 2019. He appealed the order of the Special Judge dated 17‑12‑2021 under Section 14A(2) of the Act, contending that the informant was acting in his official capacity and that no caste‑related abuse was alleged in the FIR. The High Court examined the FIR and found that the alleged incident stemmed solely from a land dispute and that there was no prima facie case of caste‑based atrocity. Consequently, the Court set aside the Special Judge’s order, granted bail to the appellant under Section 438(2) of the CrPC, and directed the trial court to expedite the pending trial. The appeal was allowed.
Issues considered
- The FIR discloses a prima facie offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the informant's official police role negates an allegation of caste‑based abuse.
- Whether the order of the Special Judge can be quashed on the ground of lack of SC/ST offence.
- Whether bail can be granted in a case under the SC/ST Act under Section 438 CrPC.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 324, 333, 34, 341, 353, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 14A(3)
Subjects
- SC/ST Act
- caste atrocity
- bail
- land dispute
- false case
- police informant
- quash order
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.737 of 2022
Arising Out of PS. Case No.-11 Year-2019 Thana- JAMALPUR District- Darbhanga
======================================================
Ram Sharan Sah @ Ram Sharan Sahu S/O Late Niras Sahu Resident Of
Village- Kothram, P.S.- Jamalpur (Bargaon O.P.), District- Darbhanga.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rama Shankar Paswan, Police Sub-Insector, S.H.O. Bargaon, P.S.- Jamalpur
(Bargaon O.P.), District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Alok Kumar Choudhary, Adv.
Ms. Isha Anu, Adv.
Mr. Kulanand Jha, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 29-06-2026 Heard the parties.
2. Appellant may file affidavit of jointness qua
Raushan Kumar in terms of previous order.
3. In alternate, learned Spl.PP is directed to inform
the informant /respondent no. 2 of this case through
concerned SP/SHO as regard to present pending proceeding,
positively by next date of hearing.
4. At this stage it is submitted by learned Spl.PP
that informant is Sub Inspector of Bargaon O.P. of Jamalpur
P.S., district- Darbhanga
5. Accordingly, learned Spl.PP accept notice on
Patna High Court CR. APP (SJ) No.737 of 2022(5) dt.29-06-2026
2/4
behalf of the informant.
6. 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 17.12.2021 passed by the learned 3 rd
Additional Sessions Judge-cum-Special Judge SC/ST Act,
Darbhanga, in connection with Jamalpur P.S. Case No. 11 of
2019 registered under Sections 341 323, 324, 333, 353, 504,
34 of IPC and Sections 3(i)(r)(s) of SC/ST (POA) Act.
7. Present appeal is well within limitation as
prescribed under Section 14A(3) of the Act.
8. As per FIR, the appellant alleged to assault
informant during the course of occurrence and also to deter
him to discharge his official duties when informant alongwith
his police team arrived at the place of occurrence to pacify the
issues between the parties including appellant, arising out of
land disputes.
9. Learned counsel appearing for the appellant
submitted that basically occurrence is of land dispute. It is
pointed out that the informant came over to place of
occurrence alongwith police team and insist to verify the
Patna High Court CR. APP (SJ) No.737 of 2022(5) dt.29-06-2026
3/4
document and in connivance with the police, he implicated
appellant and his family members with present false case. It is
submitted that there is no abuse in caste name in public view,
and therefore, no prima-facie case made out in view of SC/ST
Act 1989 and also as alleged atrocities not committed within
the meaning of the Act. It is submitted that this is the case
indicating that how the provisions of SC/ST Act being misused
by the state agencies as informant visited the place of
occurrence in capacity of police officers and, therefore, any
allegation regarding atrocities in terms of SC/ST Act, appears
not appears convincing. It is also pointed out that during
scuffle police received certain injuries which is of simple in
nature, and moreover, allegation is very general and omnibus.
Appellant claimed clean antecedent.
10. Learned Special P.P. while opposing the prayer of
bail could not disputed the submission that the allegation of
abuse is not available through the FIR, where occurrence
alleged to be arising out of land dispute, where informant
visited the place of occurrence in his official capacity being sub
inspector.
11. In view of aforesaid factual submission and by
Patna High Court CR. APP (SJ) No.737 of 2022(5) dt.29-06-2026
4/4
taking note of fact as presence of informant at the place of
occurrence was in capacity of his official duty, where prima-
facie allegation of abusing in caste name not appears available,
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 satisfaction of
the learned 3rd Additional Sessions Judge-cum-Special Judge
SC/ST Act, Darbhanga, in connection with Jamalpur P.S. Case
No. 11 of 2019, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C.
12. Accordingly, impugned order dated 17.12.2021
is hereby set aside/quashed.
13. Hence, appeal stands allowed.
14. Learned trial court is directed to expedite the
trial at its earliest because the matter is pending since 2019.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.