Patna High Court
Md. Munazir Alam @ Md MunajirversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order denying anticipatory bail and granted bail to the appellants.
Summary
The appellants, five individuals, were charged under multiple sections of the Indian Penal Code, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Arms Act for alleged extortion, assault and caste‑based abuse on 6 December 2025. They applied for anticipatory bail, which was denied by the District and Additional Sessions Judge. On appeal, the counsel argued that the accusations were vague, no specific overt act was detailed, and the informant was not a member of a Scheduled Caste or Tribe, rendering the SC/ST Act inapplicable. The High Court found the allegations to be general and omnibus, and concluded that the case appeared to be false and motivated by a land dispute. Consequently, the Court set aside the lower court’s order denying bail and directed that the appellants be released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the charges under the IPC, SC/ST (Prevention of Atrocities) Act and Arms Act.
- Whether the allegations constitute specific offences under the cited statutory provisions.
- Whether the SC/ST (Prevention of Atrocities) Act applies when the informant does not belong to a Scheduled Caste or Tribe.
- Whether the case is a false or concocted prosecution arising from a land dispute.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 115(2), 189(2), 189(4), 191(2), 303(2), 308(2), 324(4), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i)(r)(s)
Subjects
- anticipatory bail
- Scheduled Castes and Scheduled Tribes Act
- false prosecution
- extortion
- caste based slurs
- Arms Act
- criminal appeal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1471 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- Sahayak Khajanchi District- Purnia
======================================================
1. Md. Munazir Alam @ Md Munajir Son of Shekh Mazid @ shek Mazid R/o
Village -Sajjad Nagar, Madhepura, Ward No 42, P S- Sahayak District
-Purnea
2. Md. Farukh son of Atabul @ Md. Atabul R/o Village -Sajjad Nagar,
Madhepura, Ward No 42, P S- Sahayak District -Purnea
3. Md. Jalaluddin Son of Sakruddin R/o Village -Sajjad Nagar, Madhepura,
Ward No 42, P S- Sahayak District -Purnea
4. Mister @ Abdur Rahman Son of Atabul @ Md. Atabul R/o Village -Sajjad
Nagar, Madhepura, Ward No 42, P S- Sahayak District -Purnea
5. Hazi nayeem Son of Hanif R/o Village -Sajjad Nagar, Madhepura, Ward No
42, P S- Sahayak District -Purnea
... ... Appellant/s
Versus
1. The State of Bihar
2. Md. Marghub Alam son of Late Wasi Ahmad R/o Village - Line Bazar Ward
no. 29, Ps- Sahayak, Khazanchi, Dist- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Harsh Singh, Advocate
Mr. Abhijeet, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : Dr. Bidhu Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 19.03.2026 passed in a case registered for the offence
punishable under Sections 189(2), 189(4), 191(2), 115(2),
Patna High Court CR. APP (SJ) No.1471 of 2026(2) dt.25-06-2026
2/3
324(4), 308(2), 303(2), 352 and 351(2) of the B.N.S., Section
3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act and Section 27 of the Arms Act,
whereby the prayer for grant of anticipatory bail of these
appellants has been rejected.
3. The prosecution case, in brief, is that on
06.12.2025, all the F.I.R. named accused persons, including this
appellant and some unknown persons, came armed with
weapons and started demanding extortion of Rs. 6,00,000/- and
on protest, all of them abused informant and others with caste
based slurs and assaulted them.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, on account of
admitted land dispute between the parties, this false and
concocted case has been lodged. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against these appellants. It is further submitted that
informant does not belong to S.C./S.T. community and as such,
no case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act is made out against these
appellants.
Patna High Court CR. APP (SJ) No.1471 of 2026(2) dt.25-06-2026
3/3
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, this appeal is
allowed and the impugned order dated 19.03.2026 passed by the
learned District and Additional Sessions Judge-I-cum-Special
Judge, SC/ST (POA) Act, Purnea in connection with A.B.P. No.
16 of 2026 arising out of Sahayak Khazanchi P.S. Case No. 410
of 2025 is hereby set aside with respect to these appellants only.
7. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
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 District and Additional Sessions Judge-I-cum-Special
Judge, SC/ST (POA) Act, Purnea in connection with Sahayak
Khazanchi P.S. Case No. 410 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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