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Patna High Court

Gulzar Miya @ Gulzar HawariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted anticipatory bail to the appellants and set aside the Special Judge’s order denying bail.

Summary

The appellants, Gulzar Miya and Gulbas Miya, were charged under multiple sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly disrupting a wedding procession, assaulting participants, and stealing valuables. They applied for anticipatory bail, which was denied by the Special Judge on 21‑08‑2024. The appellants contended that the allegations were vague, that no specific overt act could be linked to them, and that there was no public presence to sustain a case under the SC/ST Act. The State, represented by the Special Public Prosecutor, opposed the bail. The Patna High Court, after considering the submissions, ordered that the appellants be released on bail upon furnishing bonds and sureties, and set aside the Special Judge’s order as it pertained to them.

Issues considered

  • Whether the appellants are entitled to anticipatory bail under the provisions of the Code of Criminal Procedure.
  • Whether the prosecution has established a specific overt act by the appellants sufficient to sustain charges under the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations under the listed IPC sections are sufficiently specific to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • IPC offences
  • caste based violence
  • high court bail order
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5035 of 2024
                   Arising Out of PS. Case No.-210 Year-2023 Thana- RAXAUL District- East Champaran
                 ======================================================
           1.     Gulzar Miya @ Gulzar Hawari Son of Ish Mahmad Miya @ Ish Mohammad
                  Miya Resident of Village- Sahdeva, P.S.- Raxaul, Distt.- East Champaran
           2.    Gulbas Miya @ Gulbas @ Gulbas Hawari Son of Ish Mahmad Miya @ Ish
                 Mohammad Miya Resident of Village- Sahdeva, P.S.- Raxaul, Distt.- East
                 Champaran

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Chandan Kumar Ram Son of Ramayan Ram Resident of Village- Sahdeva
                 Ward No. 08, P.S.- Raxaul, Distt.- East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rahul Singh, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   12-03-2026                   Despite valid service of notice, 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

                   21.08.2024 passed by learned Special Judge, SC/ST Act (POA),

                   East Champaran, Motihar in ABP No. 3587 of 2024 arising out

                   of Raxaul P.S. Case No. 210 of 2023 registered under Sections

                   147, 148 149, 341, 323, 354 (B), 504, 506, 337, 338, 427,

                   295(A), 153(A) and 379 of the Indian Penal Code and Sections

                   3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.5035 of 2024(5) dt.12-03-2026
                                             2/3




          (Prevention of Atrocities) Act, whereby the prayer for

          anticipatory bail of appellants has been rejected.

                       4. As per prosecution case, on the alleged date and

          time of occurrence, all the F.I.R., named accused persons,

          including these appellants, stopped the wedding procession of

          brother of informant and abused informant and others by caste

          name for playing music near mosque. It is further alleged that

          all the accused persons pelted stones and misbehaved with the

          female members and snatched gold chain and other valuable

          articles from them and also damaged vehicles of barat.

                       5. It is submitted on behalf these appellants that

          appellants are quite innocent and have committed no offence. As

          a matter of fact, dispute arose between the parties for playing

          music during barat party. Allegation of assault is general and

          omnibus and there is no allegation of any specific overt act

          against these appellants. It is not the case of prosecution that any

          member of public was present at the time of incident, as such,

          no case under SC/ST Act is made out. 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.5035 of 2024(5) dt.12-03-2026
                                                           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 Special Judge, SC/ST Act (POA), East Champaran,

                        Motihar in ABP No. 3587 of 2024 arising out of Raxaul P.S.

                        Case No. 210 of 2023.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 21.08.2024 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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