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Patna High Court

Md. Hamza @ Abu HamzaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to the appellants subject to their surrender before the trial court on 20‑04‑2026 and directed the trial court to dispose of the case on the same day.

Summary

The Patna High Court heard an appeal under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the trial court’s refusal to grant anticipatory bail to four accused charged with offences under the IPC and the SC/ST Act. The appellants argued that the incident stemmed from a children’s dispute, that they had cooperated with the investigation, and that the police never deemed arrest necessary, noting the lack of notice under Sections 82/83 CrPC. The State, through the Special Public Prosecutor, contended that a charge‑sheet had been filed, cognizance taken and a prima facie case existed, invoking the stringent provisions of Section 18 of the SC/ST Act. The Court, while recognizing the cognizance, granted anticipatory bail on the condition that the appellants surrender before the trial court on 20‑04‑2026 and that the trial court dispose of the matter on the same day. Accordingly, the appeal was disposed.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act when cognizance has been taken and a prima facie case exists
  • Whether the absence of arrest or notice under Sections 82/83 of the CrPC bars the trial court from denying anticipatory bail
  • Whether imposing a condition of surrender and expedited disposal of the case is permissible

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • prima facie case
  • bail conditions
  • Section 14-A
  • Section 18
  • Criminal Procedure Code
  • Section 41A
  • Section 82
  • Section 83
  • non‑bailable warrant

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4159 of 2025
                   Arising Out of PS. Case No.-260 Year-2020 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
                 ======================================================
           1.     Md. Hamza @ Abu Hamza Md. Shamsher R/o Village- Bakhtiyarpur Basti
                  PS- Bakhtiyarpur Distt- Saharsa
           2.    Md. Ashraf S/o- Md. Shamsher R/o Village- Bakhtiyarpur Basti PS-
                 Bakhtiyarpur Distt- Saharsa
           3.    Md. Sunny @ Zakir @ Md. Zakir S/o- Naushad R/o Village- Bakhtiyarpur
                 Basti PS- Bakhtiyarpur Distt- Saharsa
           4.    Md. Shahrukh S/o- Shahbaz @ Amin @ Basit R/o Village- Bakhtiyarpur
                 Basti PS- Bakhtiyarpur Distt- Saharsa
                                                                   ... ... Appellant/s
                                                   Versus
           1.    The State of Bihar
           2.     Manoj Choudhary S/o- Late Bindeshwari Choudhary R/v- Choudhary Tola
                  W.No-6, PS- Bakhtiyarpur Dist- Saharsa
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Rana Hason, Advocate
                 For the Respondent/s   :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-04-2026                 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 28.08.2025 in A.B.P. No. 703 of 2025 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST

                   Act, Saharsa in connection with Bakhtiyarpur P.S. Case No. 260
Patna High Court CR. APP (SJ) No.4159 of 2025(4) dt.06-04-2026
                                             2/4




          of 2020 registered under Sections 341, 323, 324, 448, 354-B and

          504/34 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 appellants no. 1 and 3 have antecedent

          of one case and appellants no. 2 and 4 are persons with clean

          antecedent and the informant alleges that on account of dispute

          amongst children while playing on 05.08.2024 the accused

          persons came and abused and assaulted the child on account of

          which they became unconscious. It is further alleged that Md.

          Hamza abused by caste name and assaulted by sharp weapon

          causing injury on finger and thereafter Md. Sunny assaulted the

          wife of the informant by danda and torn her clothes and Md.

          Shahrukh assaulted his mother by rod thereafter Md. Ashraf

          assaulted the children by danda and fist.

                       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 from perusal of the

          allegation as alleged in the FIR, it would manifest that on

          account of dispute amongst the children while playing, the

          occurrence is alleged to have taken place. It is next submitted

          that even the occurrence took place at the house of the
Patna High Court CR. APP (SJ) No.4159 of 2025(4) dt.06-04-2026
                                             3/4




          informant, thus, was not in public view. It is also submitted that

          the police, during the course of investigation, gave notice under

          Section 41A of the Cr.P.C. and the appellants cooperated in the

          investigation and the police never felt the need of arresting the

          appellants. It is submitted that thereafter charge-sheet came to

          be submitted based on which cognizance was taken but then

          appellants were not aware that charge-sheet has been submitted

          as they never received any summons but when non-bailable

          warrant of arrest came to be issued the police started knocking

          the door of the appellants, when the appellants immediately

          moved before the learned Trial Court seeking anticipatory bail

          which came to be rejected. It is asserted and submitted that

          process under Sections 82 and 83 Cr.P.C. till date has not been

          issued. It is further submitted that the police, during the course

          of investigation, never felt the need of arresting the appellants,

          whether it would be prudent for the Court to send the appellants

          to jail based on an order of cognizance.

                       5. Learned Special Public Prosecutor for the State and

          learned counsel appearing on behalf of the informant opposed

          the prayer for anticipatory bail of the appellants.

                       6. Learned counsel appearing on behalf of the

          informant submits that charge-sheet has been submtited based
           Patna High Court CR. APP (SJ) No.4159 of 2025(4) dt.06-04-2026
                                                        4/4




                     on which cognizance has been taken, as such, a prima facie case

                     is made out, hence, rigors of Section 18 of the SC/ST Act shall

                     apply.

                                  7. 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

                     appellants are directed to surrender before the learned Trial

                     Court on 20.04.2026.

                                  8. However, it is made clear that if the appellants

                     surrender on 20.04.2026, in that event, the learned Trial Court

                     shall consider and dispose of the case on the same day keeping

                     in mind the fact that the police, during the course of

                     investigation, never felt the need of arresting the appellants.

                                  9. The appeal is, accordingly, disposed of.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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