IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3824 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- SC/ST District- Madhubani ====================================================== Kamlesh Kumar Mehta son of Late Ram Chandra Talwar R/o - Kulharia, P.O - Kulharia, P.S - Babubarhi, District - Madhubani, Bihar ... ... Appellant/s Versus 1. The State of Bihar 2. Most. Kanchan Devi Wife of Late Budhan Paswan R/o - Kulharia, P.O - Kulharia, P.S - Babubarhi, District - Madhubani, Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar Jha For the Respondent/s : Mr.Usha Kumari 1 ====================================================== 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 Additional Sessions Judge-1 cum Special Judge (SC/ST), Madhubani in A.B.P. No. 1131 of 2025 arising out of SC/ST P.S. Case No. 96/2024 registered under Sections 341, 342, 387, 354(B), 504 and 506 of the IPC and Sections 3(i)(r), 3(1)(s), 3(1) w (I), 3(2)(va) and 3(1)(f) of SC/ST (POA) Act. 3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act. 4. As per FIR, appellant assaulted informant and others Patna High Court CR. APP (SJ) No.3824 of 2025(3) dt.23-02-2026 2/3 along with co-accused persons and also abused him in caste name, where dispute arises out of land dispute. Informant claims to be member of SC/ST community. 5. Learned counsel appearing for the appellant submitted that present false case was lodged in the background of land dispute as appellant purchased a land through registered sale deed. Submitting regarding occurrence, it is pointed out that the allegation qua physical assault is appearing very much general and omnibus in nature against appellant. It is further submitted that the caste name abuse not appears in public view and, therefore, no prima facie case under SC/ST Act appears made out. In support of his submission, learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Hitesh Verma Vs. State of Uttarakhand, [(2020) 10 SCC 710] and Gulam Mustafa Vs. State of Karnataka and Anr. [2023 SCC OnLine SC 603]. 6. Learned Special P.P. opposed the prayer of bail. 7. Despite service of notice to respondent no. 2, informant failed to join the present Court proceedings. 8. In view of aforesaid factual submissions and by taking note of fact as the disputes between the parties primarily appears civil in nature, coupled with the fact as caste abuse not Patna High Court CR. APP (SJ) No.3824 of 2025(3) dt.23-02-2026 3/3 appears prima facie in public view, accordingly, above-named appellant in the event of his arrest or surrender before the learned trial Court, within a period of six 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 Additional Sessions Judge-1-cum Special Judge (SC/ST), Madhubani/concerned Court, where the case is pending in connection with A.B.P. No. 1131 of 2025 arising out of SC/ST P.S. Case No. 96/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of BNSS. 8. Accordingly, impugned order dated 30.07.2025 is hereby set aside/quashed. 9. Hence, appeal stands allowed. S.Tripathi/- (Chandra Shekhar Jha, J) U T