Patna High Court
Md. Shamshu @ Md. Shamsuddini @ Md. ShamsuddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that no offence under the SC/ST Act was made out against the appellants and therefore granted them anticipatory bail.
Summary
The appellants filed an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Special Judge's refusal to grant anticipatory bail in a case arising from FIR No. 47 of 2020, which alleged offences under several IPC sections and the SC/ST Act. The appellants contended that they were falsely implicated, had clean antecedents, and that the FIR contained only a generic allegation without specific reference to them. The Special Public Prosecutor opposed the bail, while the appellants highlighted that co‑accused had already been granted anticipatory bail by a coordinate bench. The High Court held that no offence under the SC/ST Act was made out against the appellants and, considering their clean record and the precedent of bail to co‑accused, granted anticipatory bail with standard conditions. Consequently, the order refusing bail dated 16‑12‑2025 was set aside and the appeal was allowed.
Issues considered
- Whether the allegations in the FIR constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the appellants.
- Whether the appellants are entitled to anticipatory bail despite the Special Judge's refusal.
- Whether the clean antecedents of the appellants and the grant of anticipatory bail to co‑accused influence the bail decision.
Legislation cited
- Bihar Negotiable Securities (Amendment) Act, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 153(A), 323, 337, 341, 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(1)(r)(s), 3(2)(v-a)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- clean antecedents
- bail conditions
- IPC offences
- scheduled caste
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.147 of 2026
Arising Out of PS. Case No.-47 Year-2020 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Md. Shamshu @ Md. Shamsuddini @ Md. Shamsuddin Son of Late
Jabbarul Miyan Resident of village- Bhadeja, Ps- Muffasil, Dist- Gaya
2. Md. Shakil Son of Late Jabbarul Miyan Resident of village- Bhadeja, Ps-
Muffasil, Dist- Gaya
3. Md. Shahansha @ Shansha @ Md. Shahanso @ Md. Arman Son of Md.
shakil Resident of village- Bhadeja, Ps- Muffasil, Dist- Gaya
4. Md. Subhan Son of Late Jabbarul Miyan Resident of village- Bhadeja, Ps-
Muffasil, Dist- Gaya
5. Nazmin Khatoon wife of Md. Rizwan Resident of village- Bhadeja, Ps-
Muffasil, Dist- Gaya
6. Farhat Perwin Daughter of Abdul Rafu @ Abdul Rauf Resident of village-
Bhadeja, Ps- Muffasil, Dist- Gaya
7. Farha Naaz @ Farha Naj Daughter of Abdul Rafu @ Abdul Rauf Resident of
village- Bhadeja, Ps- Muffasil, Dist- Gaya
8. Jaibun Nisha @ Ajush Nisha Wife of Md. Vaseeruddin Resident of village-
Bhadeja, Ps- Muffasil, Dist- Gaya
9. Baby Tabassum wife of Md. Shahabuddin Resident of village- Bhadeja, Ps-
Muffasil, Dist- Gaya
10. Asarun Parween @ Asaroon Parween wife of Md. Kais Resident of village-
Bhadeja, Ps- Muffasil, Dist- Gaya
11. Md. Rizwan @ Md. Guddu Son of Md. Hafiz Resident of village- Bhadeja,
Ps- Muffasil, Dist- Gaya
12. Md. Murtaza Son of Md. Bashiruddin Resident of village- Bhadeja, Ps-
Muffasil, Dist- Gaya
13. Md. Shabil @ Md. Saral son of Late Jabbarul Miyan Resident of village-
Bhadeja, Ps- Muffasil, Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Rina Devi wife of Umesh Chowdhary Resident of village- Bhadeja, Ps-
Muffasil, Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Tabish Sharfuddin, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
Patna High Court CR. APP (SJ) No.147 of 2026(5) dt.09-07-2026
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 09-07-2026 Despite of valid service of notice upon Respondent
No. 2/Informant, no one appears on behalf of Respondent No. 2.
2. Heard Mr. Sanjay Kumar, learned counsel for the
appellants as well as Mr. Sadanand Paswan, learned Special
Public Prosecutor for the State.
3. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 16.12.2025 in A.B.P. Excl Spl SC/ST No. 322 of
2025 passed by the learned Special Judge, (SC/ST Act), Gaya in
connection with Muffasil P.S. Case No. 47 of 2020 F.I.R. dated
09.02.2020 registered under Sections 147, 148, 341, 323, 337,
427, 504, 506, 153(A), 379 of the Indian Penal Code and
Sections 3(1) (r)(s), 3(2) (v-a) of SC/ST Act.
4. There is allegation against the appellants for
assaulting, snatching gold chain, abusing by caste indicative
words and threatening for dire consequences.
5. Learned counsel for the appellants submits that the
appellants have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. APP (SJ) No.147 of 2026(5) dt.09-07-2026
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appellants have not committed any offence as alleged in the
F.I.R. From perusal of the F.I.R., it appears that due to some
petty dispute, the present occurrence had taken place and there
is no specific allegation of any assault or overt act is attributed
against the appellants rather there is general and omnibus
allegation against all the accused persons including these
appellants. He further submits that co-accused persons, namely,
Jamil Miyan @ Md. Gabar and others have been granted the
privilege of anticipatory bail by a Coordinate Bench of this
Court vide order dated 01.11.2021 passed in Cr. Appeal (SJ) No.
1514 of 2021 and apart from that the allegation against the
appellants that they have abused by using caste name. Learned
counsel for the appellants further submits that there is no
specific allegation against the appellants.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for anticipatory bail of the
appellants.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Casts and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts that the appellants
having clean antecedents and similarly situated co-accused
Patna High Court CR. APP (SJ) No.147 of 2026(5) dt.09-07-2026
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persons have been granted the privilege of anticipatory bail by a
Coordinate Bench of this Court, let the appellants, above named,
in the event of their arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on anticipatory bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge,
(SC/ST Act), Gaya in connection with Muffasil P.S. Case No. 47
of 2020, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/ Section 482(2) of
BNSS, 2023 along with other following conditions :-
(1) Appellants shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the appellants tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
Patna High Court CR. APP (SJ) No.147 of 2026(5) dt.09-07-2026
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any stage, it is found that the appellants have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the appellants. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order dated 16.12.2025
is set aside and this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
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