Patna High Court
MD.MANAURI MIYA @ MD.MONAWWARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court upheld the order of the Special Court rejecting the appellant's anticipatory bail.
Summary
The appellant, Md. Manauri Miya, was charged under multiple IPC sections, the Arms Act and the SC/ST (Prevention of Atrocities) Act for verbally abusing, assaulting and firing a gun at an informant, injuring her hand and threatening to kill her. He applied for anticipatory bail, which was rejected by the Exclusive Special Court under the SC/ST Act. On appeal, the petitioner contended that he was innocent and that the alleged incident was not in public view, thus not attracting liability under the SC/ST Act. The Special Public Prosecutor opposed the bail, emphasizing the seriousness of the allegations. The Patna High Court, after considering the nature and seriousness of the accusations, found no ground to interfere with the lower court’s decision and upheld the rejection of anticipatory bail. Consequently, the appeal was dismissed.
Issues considered
- Whether the appellant is entitled to anticipatory bail in view of the charges under the IPC, Arms Act and SC/ST (Prevention of Atrocities) Act
- Whether the facts alleged constitute an offence punishable under Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act
- Whether the order of the Exclusive Special Court rejecting anticipatory bail was legally erroneous
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 341, 354, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- attempt to murder
- Arms Act
- criminal law
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4755 of 2023
Arising Out of PS. Case No.-17 Year-2023 Thana- PANDARAK District- Patna
======================================================
Md. Manauri Miya @ Md.Monawwar S/O Md. Kaisar @ Md. Kaisar Miya
Resident Of Village- Hafizpur, Karmor, P.S.- Pandarak, District-Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Shobha Devi W/O Late Ramakant Paswan Resident Of Village- Hafizpur
Karmor, P.S.- Pandarak, District-Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bhim Sen Prasad, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
Ms. Pragya Kiran, Mr. Dilip Kumar, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 15-01-2026 Heard learned counsel appearing on behalf of
appellant, respondent no. 2 and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated
18.08.2023 passed by learned Exclusive Special Court SC/ST
Act, Patna in connection with Pandarak P.S. Case No. 17 of
2023, registered under Sections 341, 323, 354, 307, 504, 506 of
the Indian Penal Code, Section 27 of the Arms Act and Sections
3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellant has been rejected.
3. Prosecution case, in brief, is that on 30.1.23 at
about 1 PM, this appellant verbally abused informant using
Patna High Court CR. APP (SJ) No.4755 of 2023(6) dt.15-01-2026
2/2
casteist slurs and upon objection, appellant assaulted her and
fired gunshot which injured her left hand. It is further alleged
that the appellant threatened to kill the informant.
4. It is submitted on behalf of appellant that appellant
is innocent and has committed no offence. It is not the case of
informant that alleged incident occurred within the public view
as such, no offence under SC/ST Act is made out.
5. However, learned Spl. Public Prosecutor appearing
for the State vehemently opposed the bail application.
6. Considering the nature and seriousness of
accusation, I do not find any ground to interfere with the order
of the learned court below and as such, the appeal, which has
been filed for grant of anticipatory bail, is hereby rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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