Patna High Court
IBRAR @ ABRAR @ MD. ABRARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellants, setting aside the lower court’s order.
Summary
The appellants, three brothers, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and his mother during a land dispute on 29 November 2018. The lower court rejected their anticipatory bail application on 24 September 2021. The appellants contended they were innocent, that the allegations were vague, and that no specific caste-based abuse could be proved against them. The State opposed the bail, maintaining the seriousness of the offences. The Patna High Court, after hearing counsel, ordered that the appellants be released on bail upon surrender within eight weeks, setting aside the lower court’s order.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite charges under IPC and the SC/ST Act.
- Whether the allegations of caste-based abuse under the SC/ST Act are sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354(B), 379, 447, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(g), 3(1)(I), 3(1)(II), 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- assault
- land dispute
- SC/ST Act
- IPC
- criminal appeal
- caste-based violence
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.47 of 2022
Arising Out of PS. Case No.-750 Year-2018 Thana- NARPATGANJ District- Araria
======================================================
1. Ibrar @ Abrar @ Md. Abrar S/o- Late Md. Tauhid Resident of Village-
Rabahi, P.S.- Narpatganj, District- Araria.
2. Md. Soeb @ Soab @ Md. Sowab S/o- Late Md Tauhid Resident of Village-
Rabahi, P.S.- Narpatganj, District- Araria.
3. Md. Ejaz @ Ajaz @ Md. Ajaj S/o- Late Md. Tauhid Resident of Village-
Rabahi, P.S.- Narpatganj, District- Araria.
... ... Appellant/s
Versus
1. The State of Bihar
2. Arun Paswan S/o- Rajendra Paswan Resident of Village- Rewahi, Ward No.
5, P.S.- Narpatganj, District- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gopal Kumar Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-04-2026 Despite filing Vakalatnama, none appears on behalf
of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
24.09.2021 passed by learned 1st Additional Sessions Judge-
cum-Special Judge, Araria in ABP No. 1748 of 2021 arising out
of Narpatganj P.S. Case No. 750 of 2018 corresponding to Spl.
(SC/ST) Case No. 295 of 2018 registered under Sections 447,
341, 323, 354(B), 379, 504, 34 of the Indian Penal Code and
Patna High Court CR. APP (SJ) No.47 of 2022(4) dt.09-04-2026
2/3
Section 3(1)(g)(r)(s)(w)(I)(II) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for anticipatory bail of appellants has been rejected.
4. As per F.I.R., on 29.11.2018 at about 1 PM, all the
named accused persons, including these appellants, were fixing
khutta and pillar on the land of informant and when informant
raised objection, all the accused persons assaulted him with
lathi and danda. When mother of the informant came to save
him, co-accused Md. Tauhid abused her by caste name and all
the accused persons assaulted her, tore her clothes and appellant
no. 3 snatched gold nose pin.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. On
account of land dispute between the parties, altercation took
place in which both sides sustained injuries. Allegation of
assault is general and omnibus. Injuries sustained by the injured
are simple. There is no allegation of abuse by caste name
against these appellants as such, no case under SC/ST Act is
made out against them. Rest of the allegations are ornamental
only to make the case grave. Appellants claim clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
Patna High Court CR. APP (SJ) No.47 of 2022(4) dt.09-04-2026
3/3
7. Considering the aforesaid facts, let the appellants,
as named above, in the event of their arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned 1st Additional Sessions Judge-cum-Special Judge, Araria
in connection with Narpatganj P.S. Case No. 750 of 2018
corresponding to Spl. (SC/ST) Case No. 295 of 2018.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 24.09.2021 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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