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2025 DAILYLAW 5279 (PAT)

Navin Kumar Singh v. The State of Bihar

CR. APP (SJ)/3760/2025 · 2026-02-23

Chandra Shekhar Jha

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3760 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- SC/ST District- Madhubani ====================================================== 1. Navin Kumar Singh S/O Late Laxmi Narayan Singh R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 2. Ramanand Yadav S/O Late Dev Lal Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 3. Nathuni Yadav @ Nathuni Yadav Nutan S/O Late Madhur Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 4. Rajvanshi Yadav S/O Late Malbar Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 5. Arun Singh S/O Late Udit Narayan Singh R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 6. Hare Kishun Yadav @ Hare Krishan Yadav S/O Late Madhur Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 7. Hare Ram Yadav @ Hari Bhushan Prasad @ Hari Bhusan Yadav S/O Madhur Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 8. Mushru Yadav @ Parmeshwar Yadav S/O Late Damodar Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 9. Pawan Yadav @ Pawan Kumar Yadav S/O Ram Prasad Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 10. Sajjan Yadav @ Sajjan Kumar Yadav S/O Ram Prasad Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 11. Sri Prasad Yadav S/O Late Malbar Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 12. Prem Chandra Yadav @ Prem Chandra Kumar Yadav S/O Late Malbar Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. 13. Chandra Kishore Yadav S/O Late Bindeshwar Yadav R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. ... ... Appellant/s Versus 1. The State of Bihar 2. Mala Devi W/O Dilip Paswan R/O Village- Kharik, P.S- Bheja, Distt.- Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar Jha For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 23-02-2026 Heard the parties. Patna High Court CR. APP (SJ) No.3760 of 2025(3) dt.23-02-2026 2/4 2. The appellants 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 28.06.2025 and 29.07.2025 passed by the learned Additional Sessions Judge I cum Special Judge, Madhubani concerned Court, where the case is pending in connection with Madhubani SC/ST P.S. Case No. 39 of 2024 registered under Sections 147, 148, 341, 323, 379, 327, 427, 308, 504, 506, 354B of IPC and Sections 3(i)(r)(s) 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 alongwith co-accused persons and also abused him in caste name. Informant claims to be member of scheduled caste community. 5. Learned counsel for the appellants submitted that the present false case was lodged in the background of land dispute and previous enmities between the parties. It is submitted that no allegation as raised to abuse in caste name Patna High Court CR. APP (SJ) No.3760 of 2025(3) dt.23-02-2026 3/4 appears to be made in public view, and therefore prima-facie no case is made out. It is submitted that allegation qua physical assault is appearing very much general and omnibus against appellants. In support of his submission learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710. It is pointed out that police submitted closure report after investigation. The appellants claimed clean antecedent. 6. Learned Spl.PP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that appellants were found actively involved during the occurrence. It is submitted that allegation as to abuse in caste name also appears available through FIR. 7. In view of aforesaid factual submission as prima- facie allegation qua physical assault appears very much general and omnibus in the background of land dispute, where police after investigation submitted closure report against appellant finding the dispute civil in nature, where allegation qua abuse in caste name prima-facie not appears to be made Patna High Court CR. APP (SJ) No.3760 of 2025(3) dt.23-02-2026 4/4 in public view, accordingly, all above-named appellants in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I cum Special Judge, Madhubani concerned Court, where the case is pending in connection with Madhubani SC/ST P.S. Case No. 39 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8. Accordingly, impugned order dated 28.06.2025 and 29.07.2025 are hereby set/quashed. 9. Hence, appeal stands allowed. Sudha/- (Chandra Shekhar Jha, J) U T