Patna High Court
MD. ASLAM KHAN @ ASLAM KHANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, with bail granted to the appellants subject to conditions.
Summary
The appellants, Aslam Khan, Kaushar Khatoon and Alam Mian, were charged under several IPC offences and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault, caste‑based abuse and damage to crops in a land‑dispute with the informant Lalan Choudhary. The Special Judge had rejected their application for anticipatory bail. The appellants argued that the FIR was false, there was no injury report, and the alleged acts did not attract the SC/ST Act. The prosecution contended that the allegations of pulling the informant’s wife’s cloths and threatening her constituted an outrage of modesty under the Act. The High Court, after considering the land‑dispute context and the clean antecedents of the appellants, ordered that they be released on bail subject to conditions, thereby setting aside the lower court’s order.
Issues considered
- Whether the allegations made in the FIR attract the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail can be granted to the appellants under Section 438 of the Cr.P.C. and Section 482 of the Code of Criminal Procedure in view of the nature of the offences.
- Whether the absence of an injury report defeats the prosecution’s case for bail denial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 34, 341, 354, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- land dispute
- assault
- criminal procedure
- bail
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5286 of 2023
Arising Out of PS. Case No.-147 Year-2020 Thana- FATEHPUR District-
Gaya
======================================================
1. MD. ASLAM KHAN @ ASLAM KHAN SON OF SHARIF KHAN R/O
VILLAGE- JASPUR, P.S.- FATEHPUR, DIST.- GAYA
2. KAUSAR KHATOON @ KAUSHAR KHATOON WIFE OF ASLAM KHAN R/O
VILLAGE- JASPUR, P.S.- FATEHPUR, DIST.- GAYA
3. ALAM MIAN SON OF SALIM MIAN R/O VILLAGE- JASPUR, P.S.-
FATEHPUR, DIST.- GAYA
... ... Appellant/s
Versus
1. The State of Bihar PATNA
2. LALAN CHAUDHARY SON OF SHYAM CHAUDHARY R/O VILLAGE-
JASPUR, P.S.- FETEHPUR, DIST.- GAYA
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nand Kishore Prasad Sinha, Adv.
For the Respondent/s : Mr. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 04-02-2026 Heard learned counsel for the appellants and
learned Special Public Prosecutor appearing for the State
and also learned counsel for the respondent No2.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is directed against the order dated
11.10.2023 passed by learned Special Judge, SC/ST, Special
Court, Gaya in A.B.P. No. 345 of 2023 in connection with
Fatehpur P.S. Case No. 147 of 2020 registered under Sections
341, 323, 354, 427, 504, 506 and 34 of the Indian Penal Code
Patna High Court CR. APP (SJ) No.5286 of 2023(4) dt.04-02-2026
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and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, whereby the
prayer for grant of anticipatory bail of the appellants has
been rejected.
3. As per the prosecution case, informant,
namely, Lalan Choudhary, alleged that on 22.02.2020 at
around 6:00 P.M., while he was in orchard, appellant No.1,
Aslam Khan, appellant No.3 Alam Miaya abused him by his
caste name and started pelting stone causing him injury. It is
further alleged that on the next date on 01.07.2023 in the
morning, when his wife along with his two sons went to the
field of crops, appellant Nos. 1 and 3 along with Sharif Khan
armed with lathi, iron rod and chapra came there and upon
the instigation of Sharif Khan, appellant No.3, Alam Mia
caught hold the hand of wife of the informant and started
pulling her and outraged her modesty by pulling her cloths.
Further, Sharif Khan assaulted the children of the informant
by means of danda and Kaushar Khatun started assaulting
the wife of the informant by stones and they abused them by
their caste name. It is further alleged that Aslam Khan, Alam
Miaya and Sharif Khan along with Kaushar Khatun ruined
the guava crops by lathi. Further, Sharif Khan and Kaushar
Patna High Court CR. APP (SJ) No.5286 of 2023(4) dt.04-02-2026
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Khatun spat out on the face of wife of the informant and
threatened them that they will be killed if they do not stop
cultivating the field on Batai.
4. Learned counsel appearing for the appellants
submits that there is land dispute between the parties and
the entire allegation, as alleged in the F.I.R., is false and
concocted one. He further submits that upon the instigation
of the co-sharer of the appellants, the present case has been
lodged by the informant. He further submits that there is no
injury report on the record to substantiate the allegation of
assault. Moreover, no case, as alleged in the F.I.R, attracting
rigours of SC & ST Act is made out against the appellants. As
regards allegation of abuse is concerned, there is no recital
in the F.I.R. that the appellants have abused the informant
and his family members in a public place rather the place of
occurrence is said to be a open field of cultivation.
5. Learned Special Public Prosecutor as well as
learned counsel for the respondent No.2 have vehemently
opposed the prayer for grant of anticipatory bail to the
appellants and submitted that according to the F.I.R. the
appellants have pulled the cloths of wife of the informant
and they tried to outrage her modesty. Learned counsel for
Patna High Court CR. APP (SJ) No.5286 of 2023(4) dt.04-02-2026
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respondent No.2 has fairly submitted that no injury report is
available on record.
6. Considering the entire facts and
circumstances of the case and also the fact that the there is
land dispute between the parties and the appellants have got
clean antecedent, let the above named appellants in the
event of their arrest/surrender within a period of six weeks
be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special
Judge (SC/ST) Special Court, Gaya in connection with
Fatehpur P.S. Case No. 147 of 2020 subject to the conditions
laid down under Section 482(2) of the B.N.S.S/Section
438(2) of the Cr.P.C..
7. Accordingly, this appeal is allowed and the
impugned order dated 11.10.2023 rejecting the prayer for
grant of anticipatory bail to the appellants is, hereby, set
aside.
(Praveen Kumar, J)
brajesh/-
U T
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