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Patna High Court

MD. SAKIL @ MD. SAKLIN @ MD. SAKLENversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail must be granted to the appellant, setting aside the lower court's order.

Summary

The appellant, Md. Sakil, appealed against the Special Judge's order rejecting his anticipatory bail in a case involving alleged assault, theft of jewellery, and caste-based abuse under various IPC sections and the SC/ST Act. The FIR alleged that the accused assaulted the informant with lathi and danda, abused her by caste name, and stole a gold chain and silver anklet. The appellant contended he was innocent, that the theft allegation was a super addition, and that no caste abuse case was made out against him, emphasizing his clean antecedent. The State and the second respondent opposed bail. Considering the nature of the accusations and the appellant's clean record, the High Court ordered that he be released on bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties. Consequently, the appeal was allowed and the lower court's order was set aside for the appellant.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under the IPC and the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations of caste-based abuse under the SC/ST Act are sufficient to deny bail.
  • Whether the appellant's clean antecedent and the nature of the accusations warrant the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Indian Penal Code
  • caste-based abuse
  • bail jurisdiction
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2747 of 2023

                       Arising Out of PS. Case No.-73 Year-2023 Thana- DAGARUA District- Purnia
                 ======================================================
                 Md. Sakil @ Md. Saklin @ Md. Saklen Son Of Mukhtar @ Md. Mukhtar
                 Alam Residnet Of Village- Fulpur, Ps- Dagarua, Distt- Purnia

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Aarti Devi Wife Of Promod Rai Residnet Of Village Phulpur, Ps- Dagarua,
                 Distt- Purnia

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Md. Helal Ahmad, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl. Public Prosecutor
                 For the R.No. 2         :        Mr. Bijendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the appellant, respondent

                   no. 2 and the State.

                               2. This appeal has been filed against the order dated

                   27.05.2023 passed by learned Special Judge, SC/ST Act, Purnia

                   in ABP No. 49 of 2023 arising out of Dagarua P.S. Case No. 73

                   of 2023 registered under Sections 341, 323, 354, 379, 504,

                   506/34 of the Indian Penal Code and Sections 3(1)(r)(s)(w), 3(2)

                   (va) of Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for anticipatory bail of

                   appellant has been rejected.

                               3. As per F.I.R., all the named accused persons

                   assaulted informant by means of lathi, danda etc. and co-
Patna High Court CR. APP (SJ) No.2747 of 2023(3) dt.19-03-2026
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          accused Md. Akhtar abused her by caste name. This appellant is

          alleged to have snatched gold chain and silver anklet of the

          informant.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and has committed no offence. Appellant is

          only alleged to snatched gold chain and silver anklet of the

          informant which is a super addition in order to make the case

          grave. Appellant is not alleged to have abused informant by

          caste name as such, no case under SC/ST Act is made out

          against him. Appellant claims clean antecedent.

                       5. Learned Spl. Public Prosecutor for the State as well

          as learned counsel for the respondent no. 2 vehemently opposed

          the bail application.

                       6. Considering the nature of accusation and clean

          antecedent, let the appellant, as named above, in the event of his

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Special Judge, SC/ST Act, Purnia in ABP

          No. 49 of 2023 arising out of Dagarua P.S. Case No. 73 of 2023.

                       7. Accordingly, this criminal appeal is allowed and

          impugned order dated 27.05.2023 is set aside with respect to
              Patna High Court CR. APP (SJ) No.2747 of 2023(3) dt.19-03-2026
                                                           3/3




                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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