Created by Fuzzy Cloud

Patna High Court

Nazea Begam @ Rizwana KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
                                             2/5




          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
                                             3/5




          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
                                             4/5




          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
                                                          5/5




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.