Patna High Court
MD. SAKIL @ MD. SAKLIN @ MD. SAKLENversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 323, 34, 341, 354, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
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
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this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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