Patna High Court
Kamaluddin Khan @ Kamaluddin@ Mohamad KamaluddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal was disposed of with a direction for the appellants to surrender, as cognizance had been taken and a prima facie case under the SC/ST Act was deemed to exist.
Summary
The appellants, three brothers from Pirwan village, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting a person and snatching a gold chain while using caste-based abuse. They sought anticipatory bail, which was denied by the Special Judge, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellants argued that the FIR contained only vague, omnibus allegations, that the police investigation exonerated them, and that a similar case (Sohail Khan & others) had been granted anticipatory bail. The State opposed, contending that cognizance had been taken and a prima facie case existed. The High Court, while inclined to grant bail, held that because cognizance was already taken, the appeal could not be entertained for bail and ordered the appellants to surrender on 27‑05‑2026, disposing of the appeal.
Issues considered
- Whether the allegations in the FIR constitute a specific offence under the SC/ST (Prevention of Atrocities) Act sufficient to deny anticipatory bail.
- Whether cognizance taken by the trial court precludes the grant of anticipatory bail under Section 14‑A(2) of the SC/ST Act.
- Whether the precedent of Sohail Khan & others granting anticipatory bail is applicable to the present case.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 153(a)(2), 295(a), 323, 325, 341, 354(a), 379, 448, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- cognizance
- prima facie case
- caste based assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4739 of 2025
Arising Out of PS. Case No.-49 Year-2019 Thana- GURUA District- Gaya
======================================================
1. Kamaluddin Khan @ Kamaluddin@ Mohamad Kamaluddin S/o Md. Nezam
Khan R/o Village - Pirwan, P.S - Gurua, District - Gaya
2. Firoz Khan @ Md. Firoz Khan S/o Md. Nizamuddin R/o Village - Pirwan,
P.S - Gurua, District - Gaya
3. Sabir Khan @ Md. Sabir Khan@ Md. Shabir Khan@ Sabir S/o Md. Kadir
Khan @ Kadir Khan R/o Village - Pirwan, P.S - Gurua, District - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Pushpa Kumari D/o Pachu Prajapati@ Pachu Prajapat R/o Village - Pirwan,
P.S - Gurua, District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rampravesh Nath Tiwari
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 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 20-8-2025 in A.B.P. No. 228 of 2025 passed by the
learned Special Judge S.C./S.T. (POA) Act, Gaya in connection
with Gurua P.S. Case No. 49 of 2019 registered for the offences
punishable under Sections 147, 148, 149, 341, 323, 325, 295(a),
Patna High Court CR. APP (SJ) No.4739 of 2025(5) dt.11-05-2026
2/4
354(a), 153(a)(2), 504, 448, 379 of I.P.C. as well as Section 3(1)
(r)(s) of the SC/ST Act.
3. Learned counsel for the appellant submits that from
perusal of the office report dated 8-5-2026, it would manifest
that the same records that the informant resides in her in-laws
house and father of the respondent no. 2 refused to take notice.
4. Since father of the respondent no. 2 refused to
taken notice as such the notice is deemed to be validly served.
5. Learned counsel for the appellant submits that
appellants are persons with clean antecedent and the informant
alleges that on 21-3-2019 at about 12:30 pm, he was going to to
the temple for worship when accused persons including the
appellants started assaulting using criminal force and snatched
gold chain from his neck and abused by taking caste name.
6. The learned counsel appearing on behalf of the
appellants submits that appellants have 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 no specific allegation of assault is alleged against
the appellants and allegation of abuse is also general and
omnibus in nature. It is further submitted that police after
investigation submitted final form exonerating the appellants of
Patna High Court CR. APP (SJ) No.4739 of 2025(5) dt.11-05-2026
3/4
the allegation finding the allegation to be false, but then the
learned trial court differing with the police report took
cognizance. It is also submitted that since cognizance has been
taken as such a prima facie offence is said to be made out but
then in the nature of allegation as alleged in the FIR, prima facie
no offence under the SC/ST Act is made out as allegation of
abuse and assault is general and omnibus in nature. It is next
submitted that Sohail Khan @ Suhail Khan and 6 others had
approached this Court seeking anticipatory bail by filing Cr.
APP (SJ) No. 4717 of 2025 and the same came to be allowed by
an order dated 13-3-2026 by a learned Co-ordinate Bench. It is
further submitted that case of the appellants, if not akin, is
similar to the case of Sohail Khan and 6 others.
7. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellants and submits that since
cognizance has been taken as such prima facie case is made out.
8. After hearing the learned counsel for the parties,
the Court was inclined to extend the privilege of anticipatory
bail to the appellants but then since cogniance has been taken as
such the appeal is disposed of with a direction to the appellants
to surrender before the learned trial court on 27-5-2026. It is
made clear that if the appellants surrender on 27-5-2026, in that
Patna High Court CR. APP (SJ) No.4739 of 2025(5) dt.11-05-2026
4/4
event, the learend trial court shall consider and dispose of the
case on the same day keeping in mind the fact that police after
investigation submitted final form and Sohail Khan @ Suhail
Khan and 6 others had been granted the privilege of anticipatory
bail by this Court in Cr. APP (SJ) No. 4717 of 2025.
9. Accordingly, the appeal is disposed of.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.