Patna High Court
Sohail Khan @ Suhail KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside.
Summary
The appellants, a group of seven men from Pirwan village, were charged in a 2019 case for assaulting a Dalit woman, Pushpa Kumari, at a temple, snatching her golden chain, and later assaulting her family, under multiple IPC sections and the SC/ST (Prevention of Atrocities) Act. The Special Judge had rejected their anticipatory bail application. The appellants contended that they were falsely implicated, noting that the police investigation later exonerated them. The State opposed the bail. The Patna High Court, after considering the submissions, set aside the Special Judge's order rejecting anticipatory bail and allowed the appeal, directing that the appellants be released on bail upon furnishing bonds and sureties, subject to conditions under CrPC provisions.
Issues considered
- Whether the anticipatory bail granted to the appellants should be upheld despite the Special Judge's rejection.
- Whether the facts constitute an offence under the SC/ST (Prevention of Atrocities) Act, section 3(1)(r)(s).
- Whether the appellants were correctly implicated based on the police investigation and evidence.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 147, 148, 149, 153(a)(2), 295(a), 323, 325, 341, 354(a), 379, 448, 504
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- theft
- false implication
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4717 of 2025
Arising Out of PS. Case No.-49 Year-2019 Thana- GURUA District- Gaya
======================================================
1. Sohail Khan @ Suhail Khan Son of Badruddin Khan Resident Of Village -
Pirwan, P.S. - Gurua, Dist. - Gaya.
2. Shamim Khan @ Md. Shamim Khan Son of Nezum Khan Resident Of
Village - Pirwan, P.S. - Gurua, Dist. - Gaya.
3. Inam Khan @ Md. Inam Khan Son of Md. Nezam Khan @ Md.
Nezamuddin Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya.
4. Yasir Khan Son of Badruddin Khan Resident Of Village - Pirwan, P.S. -
Gurua, Dist. - Gaya.
5. Badarul Hoda Khan Son of Late Gulam Mustafa Khan @ Late Mustafa
Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya.
6. Masood Ahmad Khan Son of Late Shamim Khan Resident Of Village -
Pirwan, P.S. - Gurua, Dist. - Gaya.
7. Matiulla Khan Son of Murtaja Khan Resident Of Village - Pirwan, P.S. -
Gurua, Dist. - Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Pushpa Kumari D/o Pachu Prajapati @ Pachu Prajapat Resident Of Village -
Pirwan, P.S. - Gurua, Dist. - Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rampravesh Nath Tiwari
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
18.09.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Gaya in connection with Gurua P.S. Case No. 49 of
2019 registered for the offence under Sections 147, 148, 149,
341, 323, 325, 295(a), 354(a), 153(a)(2), 504, 448, 379 of I.P.C.
Patna High Court CR. APP (SJ) No.4717 of 2025(4) dt.13-03-2026
2/3
and under section 3(1)(r)(s) of S.C/S.T. (POA) Act by which
anticipatory bail filed by the appellants has been rejected.
3. As per the prosecution case, Sarfaraj Khan and
Naushad Khan are said to have slated the informant in the
course of proceeding to temple for worship and on protest made
by her, they assaulted her and snatched her golden chain. On
hulla made by her, other devotees rushed there in her rescue, in
the meantime, 29 named accused persons including the
appellants started assaulting them. When they fled away, they
intruded into her house slating them and assaulted their family
members. Informant sustained injury on her head in the
occurrence.
4. Learned counsel for the appellants submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case. It is
next submitted that the case was investigated and thereafter the
police found allegations false and submitted final form
exonerating the appellants and thereafter the learned Special
Judge has taken cognizance against them.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. Considering the facts of the case and the rival
Patna High Court CR. APP (SJ) No.4717 of 2025(4) dt.13-03-2026
3/3
submissions of the parties, this appeal is allowed and
accordingly, the order dated 18.09.2025 passed by the learned
Exclusive Special Judge, SC/ST Act, Gaya in connection with
Gurua P.S. Case No. 49 of 2019, is hereby set aside.
7. Let the appellants, in the event of their arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge, SC/ST Act, Gayaji
/concerned Court below in connection withGurua P.S. Case
No. 49 of 2019, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure/482(2) of the
BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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