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Patna High Court

Salimul Haque @ Nasimul Haque @ Maulvi MiyanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions under Section 482(2) of the Bihar Negotiable Substances Act.

Summary

The appellants, Salimul Haque and Md Ashif Nasim, were charged under several provisions of the Bihar Negotiable Substances Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting the husband of the informant and using caste-based slurs. The trial court refused anticipatory bail, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The appellants contended that they were falsely implicated, that the injury was simple—not grievous as initially reported—and that the medical board’s opinion contradicted the FIR’s claim of a serious injury. The informant’s counsel could not rebut the medical board’s findings. After hearing both sides, the High Court held that the trial court’s refusal was not justified and granted anticipatory bail subject to conditions, setting aside the impugned order.

Issues considered

  • Whether the trial court was justified in refusing anticipatory bail to the appellants under the SC/ST Act and related statutes.
  • Whether the allegations of caste-based assault and the seriousness of the injury, as presented in the FIR, are sufficient to deny anticipatory bail.
  • Whether the medical board’s opinion that the injury was simple undermines the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste-based violence
  • false implication
  • medical board opinion
  • injury assessment
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4277 of 2025
                      Arising Out of PS. Case No.-112 Year-2025 Thana- THAWE District- Gopalganj
                 ======================================================
           1.     Salimul Haque @ Nasimul Haque @ Maulvi Miyan S/o- Late Ali Hasan
                  Miyan @ Ali Hasan Resident of Village- Bedu Tola, P.S- Thawe, District-
                  Gopalganj.
           2.    Md. Ashif Nasim @ Ashif Nasim @ Ashif Ali @ Ashique Ali S/o- Nasimul
                 Haque Resident of Village- Bedu Tola, P.S- Thawe, District- Gopalganj.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Chanpatiya Devi W/o- Rajendra Manjhi Resident of Village- Bedu Tola, P.S-
                 Thawe, District- Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Mritunjay Kumar, Advocate
                                                  Mr. Dinkar Kumar, Advocate
                                                  Md Danish Quamar, Advocate
                 For the Respondent/s    :        Mrs. Usha Kumari-1, APP
                 For the Informant       :        Mr. Umesh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   29-01-2026                  Heard learned counsel for the appellants, Mrs. Usha

                   Kumari-1, learned Special P.P. for the State as well as 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 08.09.2025, passed by learned Additional Sessions

                   Judge-XI-cum-Special           Judge      SC/ST Act,           Gopalganj        in

                   connection with Thawe P.S. Case No.112 of 2025, registered
Patna High Court CR. APP (SJ) No.4277 of 2025(4) dt.29-01-2026
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          under Sections 126(2), 115(2), 117(2), 109, 352, 351(2) and 3(5)

          of B.N.S., 2023 as well as Section 3(1)(r), 3(1)(s) and 3(2)(va)

          of the SC/ST (POA) Act.

                       3. Learned counsel appearing on behalf of the

          appellants submits that appellant no.1 has antecedent of one

          case and appellant no.2 is a person with clean antecedent and

          the informant alleges that she along with her husband and

          daughter-in-law were watering the plants in their field when

          accused persons including the appellants came and abused by

          taking caste name and said to withdraw the case. Further, her

          husband objected not to abuse when appellant no.1 assaulted

          him by an iron rod causing injury on head. Thereafter Aftab

          Alam and appellant no.2 assaulted her husband by an iron pipe

          injuring him. On alarm, they fled thinking her husband dead.

          Further, her husband was taken to hospital from where he was

          referred to PMCH.

                       4. The S.H.O.-cum-I.O. in compliance of the order

          dated 20.01.2026 is present in the Court.

                       5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that on
Patna High Court CR. APP (SJ) No.4277 of 2025(4) dt.29-01-2026
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          account of dispute relating to land, the occurrence is alleged to

          have been committed. It is also submitted that though it is

          alleged that appellant no.1 assaulted her husband by an iron rod

          causing injury on head and thereafter Aftab Alam and appellant

          no.2 also assaulted her husband by an iron pipe causing injury

          but then the injury caused on account of assault made by Aftab

          Alam and appellant no.2 is not mentioned and the doctor

          initially opined the injury to be grievous but then had not

          referred the injured to PMCH. It is submitted that the appellants

          on coming to know about their false implication made an

          application for constituting a Medical Board for examining the

          injured. Accordingly, a Medical Board was constituted at Sadar

          Hospital, Gopalganj and the Medical Board opined the injury to

          be simple which amply demonstrates that initially when the

          injury report was prepared by the doctor at the PHC, the same

          was manipulated. It is also submitted that though in the FIR, it is

          alleged that injured was referred to PMCH by the PHC but then

          the injured was never referred to PMCH, rather the injured on

          his own came to PMCH, Patna for treatment but was not

          admitted by PMCH, which further demonstrates that the injury

          suffered by the injured was not grievous or else the injured

          would have been admitted by PMCH, Patna. The Investigating
Patna High Court CR. APP (SJ) No.4277 of 2025(4) dt.29-01-2026
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          Officer of the case, who is present in the Court, also submits

          that doctor at Gopalganj never referred the injured to PMCH for

          treatment. It is next submitted that as far as allegation of abusing

          by taking caste name is alleged, the same is general and

          omnibus in nature and it does not appear probable that all

          accused persons in one go would have abused the husband of

          the informant by taking caste name. It is also submitted that

          since the Medical Board has found the injury to be simple in

          nature that amply demonstrates that initial injury report was

          manipulated to give seriousness to the case. It is next submitted

          that no doubt it is alleged that accused persons came and

          assaulted but then the FIR does not even remotely suggest that

          the occurrence was witnessed by any independent witness.

                       6. The learned counsel appearing on behalf of the

          informant opposes the appeal but then are not in a position to

          rebut the submission of the learned counsel appearing on behalf

          of the appellants that the Medical Board opined the injury to be

          simple in nature and the injured was never referred by the PHC

          to PMCH for treatment. The submission made by the learned

          counsel appearing on behalf of the appellants that the injured

          was never referred to PMCH for treatment by the PHC is only

          for the reason that initially when the case was taken up on
               Patna High Court CR. APP (SJ) No.4277 of 2025(4) dt.29-01-2026
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                         20.01.2026, it was submitted by learned counsel for the

                         informant that since injury suffered by the injured was opined to

                         be grievous hence, he was referred to PMCH.

                                      7. After hearing learned counsel for the parties, let

                         appellants, above named, in the event of their arrest or surrender

                         before the learned Trial Court 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 Thawe P.S. Case No.112 of 2025, subject to the

                         conditions as laid down under Section 482(2) of the B.N.S.S.

                                      8. Accordingly, the impugned order is set aside and

                         the appeal stands allowed.


                                                    (Satyavrat Verma, J)

Sanjay/-

U          T


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