Patna High Court
Nazea Begam @ Rizwana KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal was disposed of, directing the appellants to surrender before the trial court, without granting anticipatory bail.
Summary
The appellants were charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant on 5 August 2024. They contended that the FIR was false, that there was no specific allegation of abuse against them, and that the police had made no effort to arrest them, rendering a prima facie case doubtful. They sought anticipatory bail under Section 14‑A(2) of the SC/ST Act. The State opposed, alleging intimidation of the informant. The Patna High Court, while inclined to grant anticipatory bail, held that cognizance had already been taken and therefore disposed of the appeal, directing the appellants to surrender before the trial court on 21‑04‑2026 for further consideration.
Issues considered
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act when cognizance of the offence has been taken.
- Whether the FIR and the investigation establish a prima facie case against the appellants sufficient to deny bail.
- Whether the lack of specific allegations of caste‑based abuse against the appellants affects the applicability of Section 18 of the SC/ST Act.
Legislation cited
Subjects
- anticipatory bail
- SC/ST Act
- cognizance
- false implication
- FIR
- criminal procedure
- scheduled caste
- scheduled tribe
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3627 of 2025
Arising Out of PS. Case No.-156 Year-2024 Thana- LAUKAHI District- Madhubani
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1. Nazea Begam @ Rizwana Khatoon W/o Farook Ansari Resident of village
and PS- Laukhi, District- Madhubani
2. Md Nezam @ Azharuddin Ansari S/o Md. Serajuddin Ansari Resident of
village and PS- Laukhi, District- Madhubani
3. Saheen Kausar D/o Late Ainul Haque Ansari Resident of village and PS-
Laukhi, District- Madhubani
4. Md. Farook Ansari S/o Zahura Miya @ Zahura Ansari Resident of village
and PS- Laukhi, District- Madhubani
5. Mehrunnisha W/o Serajuddin Ansari Resident of village and PS- Laukhi,
District- Madhubani
6. Md. Heera @ Md. Azhruddin Ansari S/o Late Ainul Haque Ansari Resident
of village and PS- Laukhi, District- Madhubani
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md. Shah Nawaz Ali
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 09-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State and the learned counsel appearing on
behalf of the informant.
2. 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 05.08.2025 in A.B.P. No.1441/2025, arising out of
Patna High Court CR. APP (SJ) No.3627 of 2025(5) dt.09-04-2026
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Laukahi P.S. Case No.156/2024, passed by the learned District
and Additional Sessions Judge-I-cum-Special Judge, Madhubani
registered for the offences punishable under Sections 127(1),
115(2), 118(1), 117(2), 303(2), 329(4), 324(5), 352, 351(2) and
3(5) of the BNS and Sections 3(1)(r)(s) and 3(2)(Va) of the
SC/ST Act, 1989.
3. Learned counsel for the appellants submits that
appellants have antecedent of three cases and appellant no.1, 3
and 5 are women and the informant alleges that on 05.08.2024
at 5.36 P.M., nine named accused persons including the
appellants along with 8-10 unknown accused came, while he
was reading case diary and started abusing, thereafter Md.
Serajuddin assaulted him by lathi causing fracture of hand,
while Mehrunisha assaulted by sharp edged weapon causing
injury on head, thereafter Saheen assaulted by lathi causing
injury on nose, while Mahmooda Khatun tried to assault him by
farsha but missed and Md. Farooque assaulted by rod on back,
thereafter Nazea pierced in his ear, causing injury to eardrum,
thereafter Ainul threw brick causing injury on thigh and Md.
Heera threatened with gun and accused persons assaulted since
he was alone and even took away papers and cash.
4. Learned counsel for the appellants submits that
Patna High Court CR. APP (SJ) No.3627 of 2025(5) dt.09-04-2026
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the appellants have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that no
motive for the occurrence is assigned that as to why nine named
accused persons along with 8-10 unknown accused came and
started assaulting the informant. It is further submitted that
even presuming what has been alleged is true without admitting
then no specific allegation of abuse and assault is alleged
against the appellants. It is next submitted that it does not appear
probable that all the accused persons in one-go would have
abused the informant by taking caste name. It is also submitted
that it does not appear probable that informant with such
precision could have alleged who assaulted him and where and
by what. It is further submitted that though informant alleges
that accused persons assaulted him but then the order impugned
does not record about the injury, which amply demonstrates that
no injury as alleged in the FIR was caused. It is further
submitted that police during the course of investigation also did
not find any material connecting the appellants with the offence
as such police never made any endeavour to arrest the appellants
but in a mechanical manner submitted charge sheet, based on
which, cognizance came to be taken. It is thus submitted that
Patna High Court CR. APP (SJ) No.3627 of 2025(5) dt.09-04-2026
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when police during the course of investigation never made any
effort to arrest the appellants, whether it would be prudent for
the Court to send the appellants to jail merely for the reason that
cognizance has been taken and more so when allegation as
alleged in the FIR does not even remotely reflects about the
participation of the appellants in the occurrence. Learned
counsel for the appellants next fairly submits that since
cognizance has been taken as such a prima facie case is made
out and hence rigors of Section 18 of the SC/ST Act will apply
but then the issue is that when police during the course of
investigation never made endeavour to arrest the appellants and
there is no specific allegation of abuse and assault against the
appellants whether it would be prudent for the court to send the
appellants to jail.
5. Learned Spl. P.P. for the State and the learned
counsel appearing on behalf of the informant opposes the appeal
of the appellants. Learned counsel appearing on behalf of the
informant submits that appellants are threatening the informant
to compromise the case, for which, another FIR has been
instituted, on which, the learned counsel appearing on behalf of
the appellants submits that if what has been submitted by the
learned counsel appearing on behalf of the informant is a true
Patna High Court CR. APP (SJ) No.3627 of 2025(5) dt.09-04-2026
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fact, in that event, the police in the investigation of the said case
will take action in accordance with law.
6. After hearing the learned counsel for the parties,
the Court was inclined to grant the privilege of anticipatory bail
to the appellants but for the order of cognizance as such the
appeal is disposed of with a direction the appellants to surrender
before the learned trial court on 21.04.2026.
7. It is made clear, if appellants surrender on
21.04.2026, in that event, the learned trial court shall consider
and dispose of the appeal on the same day keeping in mind the
fact that there is no specific allegation of abuse and assault
against the appellants and police during the course of
investigation never made any endeavour to arrest the appellants.
8. The appeal stands disposed of.
(Satyavrat Verma, J)
amit/-
U T
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