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Patna High Court

FARMAN ALI @ MD. FARMANversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order refusing anticipatory bail is set aside, with bail granted subject to conditions.

Summary

The appellants, eight individuals from Dogachhi village, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly setting fire to an informant's hut. They contended that the allegations were false, arising from a land dispute, and that they had previously been acquitted in similar cases. The appeal under Section 14(A)(2) of the SC/ST Act challenged the trial court's refusal to grant anticipatory bail. The High Court, after hearing counsel, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and set aside the lower court's order, thereby allowing the appeal. The appeal was also withdrawn with respect to one appellant who died during the pendency.

Issues considered

  • Whether anticipatory bail should be granted to the appellants despite charges under IPC and the SC/ST Act.
  • Whether the refusal of anticipatory bail by the trial court was justified.
  • Effect of the death of appellant No.2 on the pending appeal.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • land dispute
  • false implication
  • IPC offences
  • Section 438 CrPC
  • scheduled caste
  • scheduled tribe
  • criminal appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2957 of 2024
                  Arising Out of PS. Case No.-235 Year-2023 Thana- THAKURGANJ District- Kishanganj
                 ======================================================
           1.     FARMAN ALI @ MD. FARMAN SON OF MD. JAINUDDIN RESIDENT
                  OF VILLAGE - DOGACHHI, P.S. - THAKURGANJ, DISTRICT -
                  KISHANGANJ
           2.    MD. FAZLUR RAHMAN @ MD. FAZLUDDIN SON OF ZAINUDDIN
                 RESIDENT OF VILLAGE - DOGACHHI, P.S. - THAKURGANJ,
                 DISTRICT - KISHANGANJ
           3.    RAZZAQUE ALAM @ KUZA SON OF JAINUDDIN RESIDENT OF
                 VILLAGE - DOGACHHI, P.S. - THAKURGANJ, DISTRICT -
                 KISHANGANJ
           4.    MANGLU @ MUKHTAR ALAM @ MUKHTAR SON OF JAINUDDIN
                 RESIDENT OF VILLAGE - DOGACHHI, P.S. - THAKURGANJ,
                 DISTRICT - KISHANGANJ
           5.    MD. LAL BAHADUR @ SIKANDAR @ LAL BAHADUR SON OF
                 JAINUDDIN RESIDENT OF VILLAGE - DOGACHHI, P.S. -
                 THAKURGANJ, DISTRICT - KISHANGANJ
           6.    MD. KHALIQUE @ BHUTKU SON OF JAINUDDIN RESIDENT OF
                 VILLAGE - DOGACHHI, P.S. - THAKURGANJ, DISTRICT -
                 KISHANGANJ
           7.    SUKRUDDIN @ MD. SUKRUDDIN SON OF JAINUDDIN RESIDENT
                 OF VILLAGE - DOGACHHI, P.S. - THAKURGANJ, DISTRICT -
                 KISHANGANJ
           8.    RAFIQUE ALAM @ MD. RAFIQUE SON OF NASIRUDDIN RESIDENT
                 OF VILLAGE - RAJIBASTI CHHAITAL, P.S. - THAKURGANJ,
                 DISTRICT - KISHANGANJ

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    THE STATE OF BIHAR
           2.    KALO DEVI WIFE OF SOMBHU MOCHI RESIDENT OF VILLAGE -
                 DOGACHHI, P.S. - THAKURGANJ, DISTRICT - KISHANGANJ

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Ravi Kumar, Advocate
                 For the State          :        Mrs. Usha Kumari 1, Special P.P.
                 For the Informant      :        Mr. Arun, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   22-01-2026                  Heard learned counsel for the appellants and learned
Patna High Court CR. APP (SJ) No.2957 of 2024(5) dt.22-01-2026
                                             2/4




          Special P.P. for the State.

                       2. Learned counsel for the appellants, at the outset,

          seeks permission to withdraw this appeal with respect to

          appellant no.2, namely, Md. Fazlur Rahman @ Md. Fazluddin

          as appellant no.2 died during pendency of the appeal.

                       3. Permission is accorded.

                       4. The instant appeal is dismissed as withdrawn so far

          as appellant no.2, namely, Md. Fazlur Rahman @ Md.

          Fazluddin is concerned.

                       5. This is an appeal under Section 14(A)(2) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

          Act”) against the refusal of prayer for anticipatory bail vide

          order dated 22.05.2024, passed by learned Additional Sessions

          Judge-1st-cum-Special Judge SC/ST, Kishanganj in connection

          with Thakurganj P.S. Case No.235 of 2023, registered under

          Sections 341, 323, 506, 435 and 427/34 of the Indian Penal

          Code as well as Section 3(i)(r)(v) of SC/ST (POA) Act, 1989.

                       6. Learned counsel appearing on behalf of the

          appellants submits that appellants have antecedents of three

          cases but then all the cases were filed from the side of the

          informant only and in all the cases appellants have been
Patna High Court CR. APP (SJ) No.2957 of 2024(5) dt.22-01-2026
                                             3/4




          acquitted after trial. It is next submitted that informant alleges

          that accused persons put the informant’s hut on fire, as a result

          of which, all grains and clothes kept inside the house were burnt

          to ashes.

                       7. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that a land dispute is brewing in

          between the parties and, as such, the informant in order to

          coerce the appellants into submission, is implicating them in

          false criminal cases. It is further submitted that though in the

          FIR, it is alleged that it were the appellants who put the hut of

          the informant on fire, as a result of which, grains and clothes

          kept inside the hut was burnt to ashes but then during the course

          of investigation, it transpires that the hut was not put on fire

          rather the cowshed in front of the hut was set ablaze but then it

          is submitted that it were not the appellants who had committed

          the occurrence.

                       8. The learned Special P.P. for the State and the

          learned counsel appearing on behalf of the informant oppose the

          appeal and the learned counsel appearing on behalf of the

          informant submits that the piece of land was given to the

          informant by Bhudan Committee but then the appellants got the
               Patna High Court CR. APP (SJ) No.2957 of 2024(5) dt.22-01-2026
                                                            4/4




                         said land registered in their name and, as such, they intend to

                         oust the informant from her settled land, as such, they keep on

                         harassing the informant on which the learned counsel appearing

                         on behalf of the appellants submits that since there is a land

                         dispute, as a result of which, false cases are being instituted.

                                      9. After hearing learned counsel for the parties, let

                         appellants, above named, in the event of their arrest or surrender

                         before the learned Trial Court within a period of six weeks from

                         the date of receipt of the order, be released on anticipatory bail

                         on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand)

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

                         of the learned Trial Court where the case is pending in

                         connection with Thakurganj P.S. Case No.235 of 2023, subject

                         to the conditions as laid down under Section 438(2) of the

                         Cr.P.C.

                                      10. Accordingly, the impugned order is set aside and

                         the appeal stands allowed.


                                                    (Satyavrat Verma, J)

Sanjay/-

U          T


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