Patna High Court
Hamid AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellant.
Summary
The appellant, Hamid Ansari, was charged under the SC/ST (Prevention of Atrocities) Act and several provisions of the Bharatiya Nyaya Sanhita for allegedly participating in a mob assault that resulted in the death of the complainant’s brother. The Additional Sessions Judge had refused bail, prompting an appeal. The prosecution alleged that the mob, including the appellant, used weapons and caste slurs, while the defence argued that the allegations were vague, the appellant was merely a member of the mob, and similarly situated co‑accused had been granted bail in other cases. The High Court examined whether specific overt acts could be attributed to the appellant and considered the principle of parity in bail decisions. Finding no concrete allegation against the appellant and noting the bail granted to co‑accused, the Court set aside the lower court’s order and released the appellant on bail with a bond of Rs 10,000 and two sureties. The appeal was therefore allowed.
Issues considered
- Whether bail can be granted to an accused under the SC/ST (Prevention of Atrocities) Act when the charge sheet contains only general, omnibus allegations against him.
- Whether the appellant can be held liable for the alleged murder based on common intention without specific evidence of his overt act.
- Whether the principle of parity requires that the appellant be granted bail if co‑accused in similar cases have been released.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- SC/ST Act
- atrocity
- mob assault
- common intention
- criminal procedure
- scheduled caste
- preventive law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4617 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Hamid Ansari S/O Late Rasul Ansari R/O Village- Mujha (Parsa), P.S.-
Kateya, District- Gopalganj.
... ... Appellant/s
Versus
1. The State of Bihar
2. Dharmendra Kumar S/O Sonu Gond R/O Village- Mujha , P.S.- Kateya,
District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vyas Kumar Mishra, Advocate
For the Complainant Mr. Dewanand Tiwari, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 Heard learned counsel for the appellant, learned
counsel for the complainant and learned Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 17.10.2025 passed by the
learned Additional Sessions Judge-XI-cum-Exclusive Special
Judge S.C./S.T. (POA) Act, Gopalganj in connection with
Kateya P.S. Case No. 209 of 2025 registered for the offences
punishable under Sections 191(2), 191(3), 190, 126(2), 118(1),
115(2), 103(1) & 109 of the Bharatiya Nyaya Sanhita, under
Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Act,
Patna High Court CR. APP (SJ) No.4617 of 2025(3) dt.31-01-2026
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2014 and under Section 3 (1)(w) of the SC/ST (PoA) Act, 1989.
3. The case of the prosecution, in short, is that there
was some dispute between Vikash Yadav and Tiger over
increasing the speed of the tractor thresher. It is further alleged
that on 18.04.2025 the complainant and his brother were
returning after having meals at the house of Bigu Patel. It is
alleged that appellant along with other 15 named and 20
unnamed persons being armed with lathi, danda and sharp
cutting weapon started assaulting and abusing the complainant
with caste name. It is further alleged that the brother of the
complainant was injured badly and died. The complainant is
under treatment.
4. Learned counsel for the appellant submits that in
this case during investigation the mother and sister of the
deceased have given their statement before police and they have
detailed the assailants. The mother of the complainant has stated
that one Tiger has assaulted with knife on the chest of his son.
Rafique Ansari and Sambhu Ansari have assaulted with knife
and bhala to second son Dharmendra. The sister of the
complainant has also stated same thing. Learned counsel for the
appellant has further submitted that the nature of allegation is
general and omnibus and there is no specific allegation of any
Patna High Court CR. APP (SJ) No.4617 of 2025(3) dt.31-01-2026
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overt act against the appellant and he is only a member of the
mob.
5. Learned counsel for the complainant is present and
has vehemently opposed the bail to the appellant and has
submitted that in this case, one Raja Hussain has given his
confessional statement and in his confessional statement he has
also stated that he has assaulted with knife on the chest of
Sikander. Rafique and Shambhu Ansari have assaulted
Dharmendra with chaaku and bhala. He has also named the
appellant. Learned counsel for the complainant has further
submitted that the way the complainant and the deceased has
been assaulted shows that the appellant and others were having
common intention to commit murder.
6. Learned counsel for the appellant has submitted
that similarly situated co-accused have been granted bail by this
Court and by the learned Co-ordinate Bench vide Cr. App. (SJ)
Nos. 3558 of 2025 and 3536 of 2025 respectively.
7. In view of the submissions made by the learned
counsel for the appellant, the order dated 17.10.2025 passed by
the learned Additional Sessions Judge-XI-cum-Exclusive
Special Judge S.C./S.T. (POA) Act, Gopalganj in connection
with Kateya P.S. Case No. 209 of 2025 is hereby set aside and
Patna High Court CR. APP (SJ) No.4617 of 2025(3) dt.31-01-2026
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the appellant above-named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
court of Additional Sessions Judge-XI-cum-Exclusive Special
Judge(SC/ST) Act, Gopalganj in connection with Kateya P.S.
Case No. 209 of 2025.
8. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
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