Patna High Court
Zaidi Azmi @ Tillu KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court set aside the order rejecting anticipatory bail and granted the appellant anticipatory bail with conditions.
Summary
The appellant Zaidi Azmi was charged under several sections of the Bihar Non‑tribal (BNS) Act and the SC/ST (Prevention of Atrocities) Act for alleged assault on a victim who was injured by a sword blow. The Special Judge had rejected his prayer for anticipatory bail. On appeal, the High Court noted that the FIR did not record any caste‑based abuse, the appellant had no prior criminal record, and a similarly situated co‑accused had been granted anticipatory bail in another case. Relying on these factors, the Court set aside the order refusing bail and granted anticipatory bail with stringent conditions. The appeal was allowed and the appellant was directed to furnish bail bonds and comply with attendance and non‑interference conditions.
Issues considered
- Whether anticipatory bail can be granted when the offence is alleged under the SC/ST (Prevention of Atrocities) Act but the FIR does not record any caste‑based abuse.
- Whether the appellant's clean criminal record and the precedent of relief to a co‑accused warrant granting anticipatory bail.
- Whether the rejection of anticipatory bail by the Special Judge was legally justified.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- assault
- caste abuse
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3463 of 2025
Arising Out of PS. Case No.-454 Year-2024 Thana- BODHGAYA District- Gaya
======================================================
Zaidi Azmi @ Tillu Khan Son of Faiyaz Khan Resident of Village- Hathiyar,
P.S.- Bodhgaya, District- Gaya,
... ... Appellant/s
Versus
1. The State of Bihar
2. Awadhesh Kumar son of Raju choudhary Resident of Village- Hathiyar,
Ward no. 32, P.S.- Bodhgaya, District- Gaya,
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gajendra Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-02-2026 Heard the parties.
2. This appeal has been filed for setting aside the
order dated 03.07.2025 passed by learned Exclusive Special
Judge, SC/ST, Gaya in connection with Bodhgaya P.S. Case No.
454 of 2024 registered for the offence punishable under sections
191(2), 190, 126(2), 115(2), 118(1) and 109 of the BNS and
Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST (POA) Act
whereby the prayer for anticipatory bail of the appellant has
been rejected.
3. As per the prosecution story, the informant alleged
that as he was returning after attending the nature’s call, the
accused persons armed variously came and allegation is that
Patna High Court CR. APP (SJ) No.3463 of 2025(3) dt.23-02-2026
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Khaje Hassan gave sword blow on the head causing injury
whereafter other accused including the appellant resorted to
assault. He was shifted to Bodh Gaya Primary Health Center
which followed the FIR.
4. Learned counsel for the appellant submits that no
caste abuse has been recorded in the FIR, main allegation is
against Khaje Hassan, only to implicate others, names and
assault theory has been given. The injuries have been found to
be simple in nature and the appellant has no criminal
antecedent. The further submission is that similar situate Adil
Hassan has been granted relief in Cr. Appeal (SJ) No. 1067 of
2025 (Annexure P/2) and cognizance has not been taken in the
matter.
5. Learned Spl.P.P. opposes the prayer submitting that
though omnibus in nature, allegation of assault is against all the
accused persons.
6. Considering the aforesaid submissions of the
parties as also that the caste abuse has not been recorded in the
present matter, he has no criminal antecedent and the similar
situated co-accused person has been granted relief, as stated
above, in that background, this Court is inclined to extend him
the privilege of anticipatory bail.
Patna High Court CR. APP (SJ) No.3463 of 2025(3) dt.23-02-2026
3/4
7. The impugned order dated order dated 03.07.2025
passed by learned Exclusive Special Judge, SC/ST, Gaya in
connection with Bodhgaya P.S. Case No. 454 of 2024 stands set
aside and the appeal is allowed.
8. 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 the
learned Exclusive Special Judge, SC/ST, Gaya in connection
with Bodhgaya P.S. Case No. 454 of 2024 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the appellant who shall provide official
document to show his/her bona fide;
(ii) the appellant shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the appellant shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
Patna High Court CR. APP (SJ) No.3463 of 2025(3) dt.23-02-2026
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(iv) the appellant shall appear before the concerned
police station every month for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the appellant shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the appellant shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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