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2025 DAILYLAW 5462 (PAT)

Mathura Lohar @ Mathura Vishwakarna v. The State of Bihar

CR. APP (SJ)/3768/2025 · 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.3768 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- SC/ST District- Sheikhpura ====================================================== 1. Mathura Lohar @ Mathura Vishwakarna S/O Late Sitaram Mistri R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 2. Dhiraj Kumar S/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 3. Deepak Kumar @ Deepak Raj S/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 4. Kundan Kumar S/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 5. Manju Devi W/O Mathura Lohar @ Mathura Vishwakarna R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 6. Sindhu Devi W/O Dheeraj Kumar R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 7. Anshu Kumari @ Anshu Sharma W/O Deepak Kumar R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. 8. Rahul Kumar S/O Late Balmukund R/O Mohalla- Main Road, Gokul Chak, Aliganj, Ward-4, P.S- Chandradeep, Distt.- Jamui. ... ... Appellant/s Versus 1. The State of Bihar 2. Tetri Devi W/O Bhaso Das R/O Mohalla- Mahadev Nagar, Golden Chowk, Katari Road, P.S- Seikhpura, Distt.- Seikhpura. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar Pandey For the Respondent/s : Mr. Binay Krishna For the Informant : Mr. Anurag Rishu Mr. Mritunjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-02-2026 Heard the parties. Patna High Court CR. APP (SJ) No.3768 of 2025(2) dt.23-02-2026 2/4 2. The appellants have 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 31.07.2025 passed by the learned learned District and Additional Sessions Judge I cum Special Judge (SC/ST) Act, Sheikhpura /concerned Court, where the case is pending in connection with Sheikhpura (SC/ST) P.S. Case No. 12 of 2025 registered under Sections 126(2), 115(2), 303(2), 351(2), 352 and 3(5) of BNS 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, all eight appellants alleged to assault informant to causing head and bodily injuries by using brick plates and also alleged to abuse in caste name of the informant. Informant claimed to be a member of the SC community. 5. Learned counsel for the appellant submitted that the allegation qua physical assault appears very Patna High Court CR. APP (SJ) No.3768 of 2025(2) dt.23-02-2026 3/4 much general and omnibus against appellants. It is submitted that it can be gathered safely from the facial perusal of FIR, that abuse in caste name not appears to be made in public view as the public in issue only alleged to arrive at the place of occurrence after the actual occurrence. 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. The appellants claimed clean antecedent. 6. Learned Spl.PP duly assisted by learned counsel for the informant while opposing the bail submitted that appellants were actively involved during the occurrence and assaulted informant by abusing in her caste name. 7. In view of aforesaid factual submissions and by taking note of fact, as allegation qua physical assault is appearing very much general and omnibus in nature, coupled with the fact that prima-facie abuse in caste Patna High Court CR. APP (SJ) No.3768 of 2025(2) dt.23-02-2026 4/4 name also not appears to be made in public view, accordingly all above-named eight appellants in the event of their arrest or surrender before the learned trial Court, within a period of six weeks of the order, are 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 District and Additional Sessions Judge I cum Special Judge (SC/ST) Act, Sheikhpura /concerned Court, where the case is pending in connection with Sheikhpura (SC/ST) P.S. Case No. 12 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8. Accordingly, impugned order dated 27.08.2025 is hereby set/quashed. 9. Hence, appeal stands allowed. Sudha/- (Chandra Shekhar Jha, J) U