AHMAD ALI ASHRAFversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.41 of 2022
                   Arising Out of PS. Case No.-281 Year-2021 Thana- KAJI MUHAMMADPUR District-
                                                      Muzaffarpur
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           1.     AHMAD ALI ASHRAF Son of Md. Ali Imam Ansari Resident of Village -
                  Kilki Tola, Satpura, P.S.- Kazi Mohammadpur, Dsitt.- Muzaffarpur.
           2.    Heena Kaushar D/o Md. Ali Imam Ansari Resident of Village - Kilki Tola,
                 Satpura, P.S.- Kazi Mohammadpur, Dsitt.- Muzaffarpur.
           3.    Zeenat Parween @ Zeenat Imam D/o Md. Ali Imam Ansari Resident of
                 Village - Kilki Tola, Satpura, P.S.- Kazi Mohammadpur, Dsitt.- Muzaffarpur.
           4.    Shagufa Parween @ Shagufa Imam D/o Md. Ali Imam Ansari Resident of
                 Village - Kilki Tola, Satpura, P.S.- Kazi Mohammadpur, Dsitt.- Muzaffarpur.
           5.    Safiya Sanam @ Safiya Imam D/o Md. Ali Imam Ansari Resident of Village
                 - Kilki Tola, Satpura, P.S.- Kazi Mohammadpur, Dsitt.- Muzaffarpur.
           6.    Nazra Sahin W/o Md. Ali Imam Ansari Resident of Village - Kilki Tola,
                 Satpura, P.S.- Kazi Mohammadpur, Dsitt.- Muzaffarpur.
                                                                       ... ... Appellant/s
                                                 Versus
           1.    The State of Bihar
           2.     Ranjeet Kumar Bhagat son of Rama Nand Bhagat resident of village-
                  Sherpur, Harizan Tola, P.S.- Sadar, District- Muzaffarpur
                                                                            ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :       Mr. Awadhesh Kumar Singh, Advocate
                 For the Respondent/s   :       Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   25-06-2026                 1. Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State.

                               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 22.11.2021 in

                   A.B.P. No. 3193 of 2021 passed by the learned 3rd Additional

                   Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Muzaffarpur
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          in connection with Kazi Mohammadpur P.S. Case No. 281 of 2021

          registered under Sections 143, 341, 323, 307, 337 and 338 of the

          Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.

                       3. Learned counsel appearing on behalf of the appellants

          submits that a jointness application has been filed as the ordinary

          notice was received by the father of the respondent no. 2.

                       4. In view of the jointness application, the notice is

          deemed to be validly served.

                       5. Learned counsel appearing on behalf of the appellants

          submits that appellants are persons with clean antecedent and

          appellants no. 2, 3, 4, 5 and 6 are women and the informant alleges

          that on 27.09.2021, he was constructing boundary wall of Hasnain

          Azim along with other labourers. Further, on 29.09.2021, while the

          work of boundary wall commenced, the appellants started throwing

          bricks from their terrace causing injury on the head of the informant

          and thereafter Ashraf Imam and others also threw acid but the

          informant was saved. It is next alleged that occurrence took place

          since on 28.09.2021 Ali Imam and his wife Sahina had threatened not

          to work for Hasnain Azim and accused were abusing by taking caste

          name.

                       6. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that from bare perusal of the

          allegation as alleged in the FIR, it would manifest that the same does
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                     not inspire confidence, rather gives an impression that at the instance

                     of Hasnain Azim, the instant false case has been instituted. It is next

                     submitted that this perhaps explains why the informant despite

                     receiving the notice chooses not to appear and contest. It is also

                     submitted that even the allegatin of assault is not specific.

                                  7. Learned Special Public Prosecutor for the State

                     opposes the prayer for anticipatory bail of the appellants.

                                  8. Considering the submissions made by the learned

                     counsel appearing on behalf of the appellants, let the appellants,

                     above-named, in the event of their arrest or surrender 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 the aforesaid case, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  9. Accordingly, the impugned order is set aside and this

                     appeal stands allowed.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T