Patna High Court
Ajim @ Md. Ajim @ Md. Ajim NadafversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that the appellant is entitled to anticipatory bail and set aside the trial court’s refusal.
Summary
The appellant, Md. Ajim Nadaf, appealed under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Special Judge’s refusal to grant anticipatory bail in a case involving alleged caste‑based assault and theft. The appellant argued that the FIR arose from a commercial dispute over dues and that he had no specific allegation of wrongdoing, contending that the informant had failed to appear despite notice. The State opposed the bail, maintaining that the offences alleged under the SC/ST Act and the Indian Penal Code were serious and warranted denial of bail. The Patna High Court examined whether the allegations fell within the ambit of the SC/ST Act and considered the appropriateness of anticipatory bail under Section 482 of the CrPC. Finding insufficient justification to deny bail and noting the appellant’s clean antecedents, the Court set aside the trial court’s order, granted anticipatory bail on bond and sureties, and allowed the appeal.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under the SC/ST Act.
- Whether the facts alleged constitute a caste‑based atrocity or a civil dispute over dues.
- Whether the trial court’s refusal of anticipatory bail was justified under Section 14‑A(2) of the SC/ST Act and Section 482 of the CrPC.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 191, 191(2), 303, 351(2), 351(3), 351(4), 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- Section 14-A
- Section 482 CrPC
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4317 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Ajim @ Md. Ajim @ Md. Ajim Nadaf Son of Md. Habib Nadaf Resident of
Village -Sakri, P.S. -Katra, District- Muzaffarpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rakesh Ranjan
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 11-05-2026 1. Heard learned counsel for the appellant and learned
Spl. P.P. for the State, Sri Binay Krishna.
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 11-9-2025 in A.B.P. No. 2711 of 2025 passed by the
learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in
connection with Katra P.S. Case No. 46 of 2025 registered for
the offences punishable under Sections 191, 191(2), 126(2),
115(2), 109, 74, 303, 351(2)(3)(4) of the BNS as well as
Sections 3(1)(r)(s) of the SC/ST Act.
3. Learned counsel for the appellant submits that the
informant despite receiving notice chooses not to appear and
Patna High Court CR. APP (SJ) No.4317 of 2025(4) dt.11-05-2026
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contest. It is next submitted that appellant is a person with clean
antecedent and the informant alleges that on 8-3-2025 at 9 pm,
he was at his doorstep when Md. Dilshad was passing by his
door as such informant demanded his outstanding dues of his
shop from Md. Dilshad, when Dilshad started abusing by taking
caste name, further on the same day at 9:30 pm, Dilshad
returned along with other accused persons including the
appellant and started abusing by taking caste name and created
ruckus, further Md. Sadam assaulted the informant by farsa
causing injury and when informant’s brothers Mukesh and
Rakesh came to save him, all the accused assaulted them and
abused by taking caste name and appellant tore saree of the
mother of the informant and snatched her gold chain and
mangalsutra.
4. Learned counsel for the appellant submits that the
appellant has 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 the
informant alleges that Md. Dilshad was passing by his door
when informant asked for his outstanding dues with respect to
the articles purchased by him from his shop, when he started
abusing and thereafter it is alleged that accused persons came
Patna High Court CR. APP (SJ) No.4317 of 2025(4) dt.11-05-2026
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and abused and Md. Sadam assaulted him by farsa causing
injury on head and when brothers of the informant came to
rescue him, the other accused assaulted and abused them and
also acted inappropriately with his mother and snatched gold
chain and mangalsutra. It is further submitted that from perusal
of the allegations as alleged in the FIR, it would manifest that
the occurrence did not take place on the ground that informant
belongs to a particular community but on account of dispute
relating to dues which the informant claimed from Md. Dilshad
which Dilshad refused. It is also submitted that since Md.
Dilshad refuted the demand of the informant with regard to the
dues, as such an altercation took place in which both sides
assaulted each other. It is further submitted that as far as
appellant is concerned, no specific allegation is alleged against
him rather specific allegation of assault is alleged against Md.
Sadam andfrom the side of the appellant Katra PS Case No. 47
of 2025 has been instituted against the informant and his side
and even injury of Mukesh has been opined to be simple in
nature. It is next submitted that this perhaps explains why
informant despite receiving notice chooses not to appear and
contest.
5. Learned Spl. P.P. for the State opposes the prayer
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for anticipatory bail of the appellant.
6. Considering the aforesaid facts, let the appellant
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with the aforesaid case, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
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