IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3725 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- SC/ST District- Vaishali ====================================================== Shambhu Rai S/O Jai Govind Rai R/O Vill.- Sararia, at Present Salahpur, P.S.- Lalganj, Dist.- Vaishali. ... ... Appellant/s Versus 1. The State of Bihar. 2. Amar Nath Chowdhary S/O Late Ram Sunder Chaudhary R/O Vill.- Khatritola Premganj, P.S.- Lalganj, Dist.- Vaishali. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Arvind Kumar Sinha, Advocate For the Respondent/s : Ms.Usha Kumari 1, Spl. PP For the Informant : Mr. Shakil Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 23-02-2026 Heard learned counsel for the appellant and learned Special P.P. for the State. 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 19.08.2025 passed by the learned Exclusive Special Judge (SC/ST Act)-cum-District and Additional Sessions Judge, Vaishali at Hajipur in A.B.P. No. 2133 of 2025 arising out of Hajipur (SC/ST) P.S. Case No. 25 of 2025 registered under Sections 126(2), 115(2), 352, 351(2), 76, 303(2) and 3(5) of BNS read with Sections 3(i)(r) 3(1)(s) 3(1) w (I), 3(2) 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.3725 of 2025(4) dt.23-02-2026 2/3 alongwith co-accused persons and also abused him in caste name. Informant claims to be member of scheduled caste 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 from brother of the informant. It is submitted that proceeding under Section 145 of Cr.P.C./164 of BNSS is still pending between the parties. 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 reported in (2020) 10 SCC 710 and Gulam Mustafa Vs. State of Karnataka and Anr. reported in 2023 SCC OnLine SC 603 . 6. Learned Special P.P. duly assisted by learned counsel Mr. Shakil Ahmad Khan, appearing for the informant, while opposing the prayer of bail submitted that the appellant was actively involved in the occurrence. 7. In view of aforesaid factual submissions and by Patna High Court CR. APP (SJ) No.3725 of 2025(4) dt.23-02-2026 3/3 taking note of fact as the disputes between the parties primarily appears civil in nature, coupled with the fact that the caste abuse not 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 Exclusive Special Judge (SC/ST Act)- cum-District and Additional Sessions Judge, Vaishali at Hajipur/concerned Court, where the case is pending in connection with A.B.P. No. 2133 of 2025 arising out of Hajipur (SC/ST) P.S. Case No. 25 of 2025, 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 19.08.2025 as passed through A.B.P. No. 2133/2025 is hereby set aside/quashed. 9. Hence, appeal stands allowed. veena/- (Chandra Shekhar Jha, J) U T