Patna High Court
Gulzar Miya @ Gulzar HawariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 147, 148, 149, 153(A), 295(A), 323, 337, 338, 341, 354(B), 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
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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