Md. Babar Quraishi @ Babar QuraishiversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No. 1091 of 2025
                       Arising Out of PS. Case No.-90 Year-2020 Thana- CIVIL LINE District- Gaya
                 ======================================================
           1.     Md. Babar Quraishi @ Babar Quraishi Son of Shamshad Quraishi Resident
                  of Village/Mohalla- Maruganj, P.S.- Civil Lines, Distt.- Gaya
           2.    Md. Shamsher Quraishi @ Sheru Quraishi Son of Shamshad Quraishi
                 Resident of Village/Mohalla- Maruganj, P.S.- Civil Lines, Distt.- Gaya

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Jayant Kumar @ Chiku Resident of Village- Mohallah and P.S.- Delha,
                 Distt.- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajit Kumar Singh, Adv.
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   04-06-2026                 Heard the learned Advocate for the appellants and the

                   learned Spl. PP for the State through virtual mode.

                               2. Despite the valid service of notice upon opposite

                   party no. 2, no-one appeared on his behalf.

                               3. The instant appeal is preferred against the order

                   dated 11.02.2025 passed by the learned Court of Exclusive

                   Special Judge, S.C./S.T., Gaya arising out of Civil Lines P.S.

                   Case No. 90 of 2020, registered for the offences punishable

                   under Sections 323, 341, 504 and 506/34 of the Indian Penal

                   Code and Sections 3(1)(r)(s) of the Scheduled Castes/Scheduled

                   Tribes, Prevention of Atrocities Act, (hereinafter referred to as
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          ‘SC/ST Act’), whereby the prayer for grant of anticipatory bail

          of the appellants came to be rejected.

                       4. Allegedly, on the given date and time of

          occurrence, while the informant was selling water bottle, in the

          meanwhile, the appellants came there and caught the informant

          and started abusing and took him to their house and brutally

          assaulted, due to which he sustained injury over his right eye. It

          is further alleged that the informant used to milk the cow of the

          appellants, but they did not give money for the same and when

          the demand was made, they threatened with dire consequences.

          The informant is said to be a member of the Scheduled Caste

          community.

                       5. Learned Advocate for the appellants taking this

          Court through the FIR contended that even if the allegation

          taken to be true for the sake of argument, no case much less

          under the SC/ST Act is made out. It is additionally submitted

          that though it is alleged that the informant was assaulted over

          his head, however, the informant was neither examined by the

          doctor nor there is any injury report discussed in the impugned

          order and, as such, it appears the he has not sustained any injury.

          It is lastly contended that be that as it may, the appellants are

          men of fair antecedent and there is no independent eyewitness to
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          the alleged occurrence and so far the witnesses examined by the

          investigating agency are concerned, they are interested

          witnesses. All the more, the impugned order suffers from non-

          consideration of the material facts.

                       6. On the other hand, learned Spl. P. P. for the State

          opposes the bail application and submits that there is specific

          accusation against the appellants of causing assault, knowing

          very well that the informant belongs to a member of Scheduled

          Caste community.

                       7. Having considered the submissions advanced on

          behalf of the learned Advocate for the respective parties and

          taking note of the fact that the assault has not been made on

          account of the reason of the informant being a member of the

          vulnerable caste and, as such, prima facie the penal provisions

          of the SC/ST Act is not attracted; besides the appellants also

          carry fair antecedent, this Court finds substance in the appeal,

          let the appellants, named above, be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each

          with two sureties of the like amount each to the satisfaction of

          learned learned Court of the Exclusive Special Judge , S.C./S.T.,

          Gaya in connection with Civil Lines P.S. Case No. 90 of 2020,

          subject to the conditions laid down in Section 482(2) of the
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                      Bharatiya Nagrik Suraksha Sanhita, 2023 with the further

                      condition that one of the bailors shall be the own/close family

                      members of the appellants.

                                   8. Accordingly, the impugned order dated 11.02.2025

                      passed by the learned Court of Exclusive Special Judge,

                      S.C./S.T., Gaya is hereby set-aside and the present appeal stands

                      allowed.



                                                   (Harish Kumar, J)
shivank/-

U      T