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Patna High Court

Mukesh SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the allegations do not amount to an offence under the SC/ST Act and therefore anticipatory bail must be granted.

Summary

Mukesh Sahani appealed against the trial court's refusal to grant anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was charged under IPC sections 420, 406, 504 and 506 and SC/ST Act sections 3(i), (r) and (s) for allegedly not paying wages to three labourers and for caste‑based abuse. The appellant argued that the dispute was a labour matter, he had given advance wages, the alleged abuse was not in public view and the FIR was false. The Special Public Prosecutor opposed bail but could not refute the claim that the FIR did not disclose a cognizable offence under the SC/ST Act. The High Court held that the allegations did not constitute an offence under the SC/ST Act and granted anticipatory bail, setting aside the lower court's order.

Issues considered

  • Whether the allegations of caste‑based abuse, as pleaded in the FIR, constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act, 1989.
  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act when the alleged abuse was not made in public view.
  • Whether the FIR discloses a cognizable offence sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste abuse
  • false FIR
  • IPC offences
  • labour dispute
  • bail jurisprudence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.972 of 2025
                 Arising Out of PS. Case No.-30 Year-2023 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Mukesh Sahani Son of Ramavtar Sahani @ Ramawtar Sahani Resident of
                 Village- Balhi, P.s.- Turkaliya, Distt.- East Champaran
                                                                         ... ... Appellant/s
                                                       Versus
           1.     The State of Bihar
           2.     Aklu Ram Son of Late Kewal Ram Resident of Village- Bijulpur, P.S.-
                  Turkauliya, Distt.- East Champaran
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

8   16-03-2026                 1. Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel

                   appearing on behalf of the informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 20.09.2024 in A.B.P. No. 4175 of 2024 passed by

                   the learned Special Judge S.C./S.T. Act, East Champaran at

                   Motihari in connection with Turkauliya P.S. Case No. 30 of

                   2023 registered under Sections 420, 406, 504 and 506 of the

                   Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST

                   Act.
Patna High Court CR. APP (SJ) No.972 of 2025(8) dt.16-03-2026
                                             2/4




                       3. Learned counsel appearing on behalf of the

          appellant submits that the case was referred for mediation but

          then mediation failed. It is further submitted that appellant is a

          person with clean antecedent and in sum and substance, the

          informant alleges that appellant had taken his three sons for

          working in an incense stick factory from November, 2021 to

          September, 2022 and gave them Rs.40,000/- in advance. It is

          next alleged that despite his sons worked but they did not get the

          wages and when the informant approached the appellant he was

          abused by taking caste name.

                       4. Learned counsel appearing on behalf of the

          appellant submits that appellant has been falsely implicated in

          the instant case by the informant. It is further submitted that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that informant himself alleges that appellant had taken

          his sons for working in a factory and thereafter his sons worked

          in the said factory but then if the payment was not made, the

          appellant cannot be faulted. It is next submitted that initially

          when the sons of the informant had accompanied the appellant

          for doing the work in the factory the appellant had given them

          advance. It is also submitted that as far as allegation of abuse is

          alleged, the same is ornamental in nature and even presuming
Patna High Court CR. APP (SJ) No.972 of 2025(8) dt.16-03-2026
                                             3/4




          what has been alleged is true without admitting then abuse was

          not hurled in public view as informant alleges that he was

          abused at the doors steps of the appellant. It is further submitted

          that the instant FIR has been instituted only to coerce the

          appellant into submission so that he parts with the fanciful

          demands of the informant. It is next submitted that if wages of

          the sons of the informant has not been paid by the owner of the

          factory then his sons have remedy of approaching an authority

          of competent jurisdiction.

                       5. Learned Special Public Prosecutor and learned

          counsel appearing on behalf of the informant opposed the prayer

          for anticipatory bail of the appellant but then are not in a

          position to rebut the submissions of the learned counsel

          appearing on behalf of the appellant that in the nature of

          allegation prima facie no offecne under the SC/ST Act is made

          out as abuse was not hurled in public view nor the FIR even

          remotely suggest that abuse heard by any independent person.

                       6. Considering the aforesaid facts, let the appellant,

          above named, in the event of his arrest or surrender within a

          period of six weeks from the date of receipt of the order, be

          released on anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees Five Thousand) with two sureties of the like
           Patna High Court CR. APP (SJ) No.972 of 2025(8) dt.16-03-2026
                                                        4/4




                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending in connection with the aforesaid case,

                     subject to the conditions as laid down under Section 438(2) of

                     the Code of Criminal Procedure/482(2) of the B.N.S.S.

                                  7. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T


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