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Patna High Court

MD. BADRE ALAMversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant.

Summary

The appellant Md. Badre Alam was charged in a 2020 incident where a dispute over a goat led to a violent assault on several villagers, resulting in the death of Bharat Das. He was charged under multiple IPC sections (147, 148, 149, 323, 324, 325, 307, 354, 302) and sections of the SC/ST (Prevention of Atrocities) Act. The trial court rejected his application for anticipatory bail. On appeal, the appellant argued that the FIR did not specifically attribute any overt act to him, that the injuries were not documented, and that no caste‑based offence was proved. The State opposed bail. The Patna High Court held that, in the absence of specific evidence linking the appellant to the alleged acts, the order denying anticipatory bail was unsustainable and granted bail, setting aside the lower court’s order for the appellant alone.

Issues considered

  • Whether the appellant is entitled to anticipatory bail despite the serious charges under the IPC and the SC/ST (Prevention of Atrocities) Act
  • Whether the FIR sufficiently links the appellant to the alleged offences to justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • SC/ST (Prevention of Atrocities) Act
  • assault
  • homicide
  • bail jurisdiction
  • high court
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4562 of 2021
                     Arising Out of PS. Case No.-138 Year-2020 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Md. Badre Alam Son Of Md. Shafik Shah @ Bhola R/O Village- Singha
                 Chauri Tole Fakir Takiya, P.S.- Nanpur, District- Sitamarhi.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Siya Devi @ Sanjha Devi Bhagawan Das R/V-Singha Chauri, Ward No.-13,
                 P.S.-Nanpur, District-Sitamarhi

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sanjay Kumar, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

7   07-05-2026                   Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel for the appellant and the

                   State.

                               3. This appeal has been filed against the order dated

                   25.09.2021 passed by learned Additional Sessions Judge-I-cum-

                   Special Judge SC/ST (POA) Act, Sitamarhi in ABP No. 1653 of

                   2021/142 of 2021 arising out of Nanpur P.S. Case No. 138 of

                   2020 registered under Sections 147, 148, 149, 323, 324, 325,

                   307, 354, 302 of the Indian Penal Code and Section 3(1)(x)(s)

                   (w)(i), 3(2)(v) of Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, whereby the prayer for
Patna High Court CR. APP (SJ) No.4562 of 2021(7) dt.07-05-2026
                                             2/3




          anticipatory bail of appellant has been rejected.

                       4. As per the prosecution case, on 07.05.2020, at

          about 03:30 p.m., she-goat of Md. Shafique grazed the crop of

          informant, as a result of which, some scuffle took place between

          the parties. It is further alleged that Samsher Shah, Tanveer Shah

          and this appellant came armed with lathi, Fatta and stick and

          assaulted Bharat Das who reached there to save the informant. It

          is further alleged that 15 persons including the appellant

          assaulted the villagers Shiv Dayal Das, Ajay Das, Manju Das,

          Raju Chopal, Geeta Devi, Maharaj Das, Bujhawan Das, Krishna

          Das and Shiv Das, with, lathi, danda, rod, Bhala, Garasa and

          bricks, as a result of which, they also received injuries and

          rushed to the hospital for treatment. Subsequently, during the

          course of treatment, Bharat Das died.

                       5. It is submitted on behalf of the appellant that from

          bare perusal of the F.I.R., it is apparent that this appellant along

          with co-accused Shamsher Shah, Tanveer Shah assaulted the

          deceased Bharat Das. Allegation against appellant is general and

          omnibus and no specific overt act has been attributed against

          him. It is further alleged that 15 persons including this appellant

          have caused injury to the villagers Shiv Dayal Das, Ajay Das,

          Manju Das, Raju Chopal, Geeta Devi, Maharaj Das, Bujhawan
              Patna High Court CR. APP (SJ) No.4562 of 2021(7) dt.07-05-2026
                                                           3/3




                        Das, Krishna Das and Shiv Das, but there is no injury report

                        with respect to them. It is next submitted that the injury which is

                        said to have been caused by the appellant has been found to be

                        simple in nature. There is no allegation of abuse by caste name

                        against appellant as such, no case under SC/ST Act is made out

                        against him. Appellant claims clean antecedent.

                                     6. Learned Spl. Public Prosecutor for the State

                        vehemently opposed the bail application.

                                     7. Considering the aforesaid facts, let the appellant, as

                        named above, in the event of his arrest/surrender within a period

                        of eight weeks from today, be enlarged on bail on furnishing

                        bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of

                        the like amount each to the satisfaction of learned Additional

                        Sessions Judge-I-cum-Special Judge SC/ST (POA) Act,

                        Sitamarhi in ABP No. 1653 of 2021/142 of 2021 arising out of

                        Nanpur P.S. Case No. 138 of 2020.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 25.09.2021 is set aside with respect to

                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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