IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3826 of 2025 Arising Out of PS. Case No.-439 Year-2025 Thana- MADHAURAH District- Saran ======================================================

Md. Faiyaz Ali @ Fariyaj Ali S/O Md. Kashim Ali @ Md. Kasim R/O Village- Mirzapur, Near Masjid, Ward No. 09, P.S- Marhowrah, Distt.- Saran at Chapra.

... ... Appellant/s Versus

1. The State of Bihar

2. Rahul Kumar Baitha S/O Suresh Kumar Baitha R/O Village- Mirzapur, Ward No. 09, P.S- Marhowrah, Distt.- Saran at Chapra.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Dewendra Narayan Singh For the Respondent/s : Mr.Binay Krishna ======================================================

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 27.08.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Saran at Chapra, in A.B.P. No. 3278/2025 in connection with Marhowrah P.S. Case No. 439/2025 registered under Sections 126(2), 115(2), 116(2), 109, 74, 352, 351(2) and 3(5) of the BNS and Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST (POA) Act.

3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act.

5. As per FIR, appellant alleged to assault informant by using knife. Informant is a member of SC/ST community. 6. Learned counsel appearing for the appellant submitted that occurrence was free fight in nature, where for the said occurrence appellant’s side also lodged a case, which has been registered as Marhowrah P.S. Case No. 438 of 2025. Injury alleged to be caused by appellant found simple in nature. It is submitted that there is no whisper regarding abusing in caste name in public view and moreover appellant is a man of clean antecedent.

7. Learned Special P.P. duly assisted by learned counsel appearing on behalf of informant, while opposing the prayer of bail submitted that allegation of causing knife injury is specifically available against appellant.

8. In view of the facts and circumstances, as mentioned above and by taking note of fact as prima-facie injury as alleged to be caused by appellant upon medical examination found simple coupled with the fact, prima-facie there is no whisper of allegation of abusing in caste name in public view, accordingly, above-named appellant in the event of his arrest or surrender before the learned trial Court, within a period of four 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, Saran at Chapra/concerned Court, where the case is pending in connection with A.B.P. No. 3278/2025 in connection with Marhowrah P.S. Case No. 439/2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

9. Accordingly, impugned order dated 27.08.2025 is hereby set aside/quashed.

10. Hence, appeal stands allowed.

(Chandra Shekhar Jha, J)

S.Tripathi/-

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