Patna High Court
Md. Naushad Rijwi @ Naushad Rizvi @ Md. Rizwi @ Md. Noushad RizviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order denying bail is set aside, granting bail to the appellant.
Summary
The appellant, Md. Naushad Rijwi, was charged in a complaint case for offences under the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging assault and caste-based abuse of the complainant. The appellant contended that the allegations were false, stemming from a land dispute, and highlighted a 25‑day delay in filing the complaint, lack of eyewitnesses, and his clean criminal record. The Special Public Prosecutor opposed bail, asserting the seriousness of the offences. The High Court considered the delay, the appellant's antecedents, and the fact that a co‑accused had already been granted bail, and concluded that the prosecution case was doubtful. Consequently, the Court set aside the trial court’s order denying bail and granted bail to the appellant upon furnishing a bond and sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the delay of 25 days in lodging the complaint defeats the prosecution’s case.
- Whether the absence of eyewitnesses and the appellant’s clean record warrant setting aside the lower court’s denial of bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(Va)
Subjects
- bail
- Indian Penal Code
- SC/ST (Prevention of Atrocities) Act
- complaint delay
- criminal procedure
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5075 of 2025
Arising Out of PS. Case No.-50 Year-2024 Thana- COMPLAINT CASE District- Jamui
======================================================
Md. Naushad Rijwi @ Naushad Rizvi @ Md. Rizwi @ Md. Noushad Rizvi
Son of Late Md. Ashraf Jahan Khan @ Md. Ahraf Jahan Khan Resident of
Village - Nimarang, Police Station - Jamui, District - Jamui. At Present ASI
sheikhpura polIce line ,R/O Pratappur Chatra, P.S - Pratappur , Distt- Chatra
( Jharkhand).
... ... Appellant/s
Versus
1. The State of Bihar
2. Kavita Devi Wife of Anirudha Das Resident of Village - Bishanpur, Police
Station - Barahat, District - Jamui, presently in the House of Mohan Yadav,
Panch Mandir, Jamui, Post Office and Police Station - Jamui, District -
Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Md. Abu Shajar, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Complainant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 19-03-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. Despite valid service of notice, no body appears on
behalf of the complainant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 04.12.2025 passed in a complaint case registered for the
offence punishable under Sections 323, 341, 504, 506, 354 and
34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and
3(2)(Va) of the Scheduled Castes and Scheduled Tribes
Patna High Court CR. APP (SJ) No.5075 of 2025(3) dt.19-03-2026
2/3
(Prevention of Atrocities) Act, whereby the prayer for grant of
bail to the appellant has been rejected.
4. As per complaint petition, on the alleged date and
time of occurrence, this appellant, along with co-accused Md.
Mansur Ansari, caught hold of the complainant, tore her clothes,
assaulted her with fist and slaps and abused her by caste name.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. As a matter of fact, both parties are co-
villagers and due to pre-existing land dispute, this false and
concocted case has been lodged. The present complaint petition
has been lodged after inordinate delay of 25 days and there is no
plausible explanation for the same, which itself makes the entire
prosecution case doubtful. Moreover, co-accused Md. Mansur
Ansari, having similar and identical allegations, has already
been granted bail by the learned trial court vide order dated
31.07.2025, copy of which is Annexure-P/4 to this bail
application. It is not the case of the complainant that any
member of public was present at the place of occurrence and as
such, no case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act is made out against this appellant.
Appellant has got no criminal antecedents and he is in custody
Patna High Court CR. APP (SJ) No.5075 of 2025(3) dt.19-03-2026
3/3
since 04.12.2025.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellant.
7. Considering the facts and circumstances of the
case, period of custody, delay in lodging of the complaint
petition and clean antecedents of the appellant, this appeal is
allowed and the impugned order dated 04.12.2025 passed by the
learned Additional Sessions Judge-I, Jamui in connection with
S.C./S.T. Case No. 105 of 2024 arising out of Complaint Case
No. 50(C) of 2024 is hereby set aside with respect to this
appellant only.
8. Accordingly, let the appellant, named above, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-
1st, Jamui in connection with Complaint Case No. 50(C) of
2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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