Patna High Court
Md. SadiqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the refusal of anticipatory bail and granted bail to the appellants subject to conditions.
Summary
The appellants, Md. Sadique and Jawed, appealed under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act against the refusal of anticipatory bail by the Special Judge in a case involving alleged offences under the IPC and the SC/ST Act. The informant alleged that the accused forcibly created a passage on his employer's land, abused them with caste slurs and assaulted them, causing injuries. The appellants contended that they were falsely implicated, that the FIR lacked specific allegations against them, and that a medical board had downgraded the alleged injury from grievous to simple. The Special Public Prosecutor and the informant opposed bail, but could not rebut the claim that the informant’s allegations were inconsistent with the FIR and a separate FIR filed by the victim. The High Court, after considering the submissions, ordered that the appellants be released on anticipatory bail upon surrender, furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The impugned order refusing bail was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 438 CrPC in a case instituted under the SC/ST (Prevention of Atrocities) Act and the IPC.
- Whether the allegations in the FIR and the medical evidence justify denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 308, 323, 324, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- injury report
- medical board
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3932 of 2024
Arising Out of PS. Case No.-15 Year-2024 Thana- SC/ST District- Araria
======================================================
1. Md. Sadique Son of Md. Arif @ Arif R/o Village- Gurmi, Guramni, P.S -
Simraha, District - Araria
2. Jawed @ Md. Jabid S/o Tauheed R/o Village- Gurmi, Guramni, P.S -
Simraha, District - Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Upendra Rishideo S/o Late Revati Rishideo R/o Village- Devpura, W. No. -
12, P.S - Simraha, District - Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md Naushaduzzoha, Advocate
For the State : Ms. Usha Kumari No. 1, Spl.P.P.
For the Informant : Mr. Kumar Uday Bhanu Roy, Advocate
Mr. Ankit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 22-01-2026 1. Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and 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 10.07.2024 in A.B.P. No. 1279 of 2024 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge,
Araria in connection with Araria SC/ST P.S. Case No. 15 of
2024 registered under Sections 341, 323, 324, 308, 504, 506,
Patna High Court CR. APP (SJ) No.3932 of 2024(5) dt.22-01-2026
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379 and 34 of the Indian Penal Code as well as Sections 3(i)(r)
(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants have antecedent of two cases and the informant
alleges that on 16.04.2024, at 12:30 p.m., the accused persons
were forcefully creating passage on the land of his employer and
on objection the accused persons abused him by taking caste
name and assaulted by fists. Further, the accused assaulted him
causing injury on his head thereafter Sadique assaulted Fahim
by farsa causing injury on his head and ear and Javed took
Rs.2,000/- from the pocket of Julker.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is further submitted that informant is an employee
of Fahim and Fahim got the case instituted through the
informant under the SC/ST Act. It is next submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that no specific allegation of assault or abuse is alleged against
any of the appellants with regard to the informant but then
informant falsely alleges that Sadique assaulted Fahim causing
injury on head and ear. It is also submitted that even the injury
report was manipulated and the Doctors opined the injury of
Patna High Court CR. APP (SJ) No.3932 of 2024(5) dt.22-01-2026
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Fahim to be grievous but then an application was filed before
the authority competent in pursuance whereof a Medical Board
was constituted and the Medical Board came to a considered
conclusion that the injury suffered by Fahim is not grievous but
simple. It is submitted that even Fahim instituted Simraha P.S.
Case No. 20 of 2024 annexed as Annexure-2 to the memo of
appeal and from perusal of the same, it would manifest that
Fahim has alleged that all accused persons assaulted him but in
the instant FIR, the informant alleges that it was Sadique who
assaulted Fahim which belies the allegation of assault by
Sadique.
5. Learned Special Public Prosecutor and learned
counsel appearing on behalf of the informant opposed the prayer
for anticipatory bail of the appellants but then the learned
counsel appearing on behalf of the informant is not in a position
to rebut the submissions of the learned counsel appearing on
behalf of the appellants that Fahim also instituted an FIR
wherein he has not alleged that it was Sadique who assaulted
him.
6. After hearing the learned counsel for the parties, let
the appellants, above named, in the event of their arrest or
surrender before the learned Trial Court within a period of six
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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 the aforesaid case, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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