Patna High Court – Orders
Aliyas Mian @ Mohammad Eliyas vs The State Of Bihar on 24 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5540 of 2023
Arising Out of PS. Case No.-391 Year-2023 Thana- MUFFASIL District- West Champaran
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1. Aliyas Mian @ Mohammad Eliyas S/o late Nasadin Mian Resident of
Village - Chhawani, Mehadiya Bari, Srinagar Ojha tola, Ward No. 04, P.S.-
Bettiah (M) Manuapool O.P., District- West Champaran.
2. Sadam Mian @ Sadam Hussain S/o Aliyas Mian @ Mohammad Eliyas
Resident of Village - Chhawani, Mehadiya Bari, Srinagar Ojha tola, Ward
No. 04, P.S.- Bettiah (M) Manuapool O.P., District- West Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Fulmati Devi W/o Sukhari Ram Resident of Village - Chhawani, Mehadiya
Bari, Srinagar Ojha tola, Ward No. 04, P.S.- Bettiah (M) Manuapool O.P.,
District- West Champaran.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 24-06-2025
Heard Mr. Sanjeev Kumar, learned counsel for the
appellants and Mrs. Usha Kumari-I, learned Special Public
Prosecutor for the State.
2. Despite of entered appearance through the
Vakalatnama, no one appeared on behalf of the O.P. No. 2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
18.10.2023 passed by the learned Court of 1st Additional District
& Sessions Judge-cum-Special Judge (SC & ST), Bettiah, West
Champaran, in ABP No. 2985 of 2023 in connection with
Patna High Court CR. APP (SJ) No.5540 of 2023(3) dt.24-06-2025
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Bettiah (M) Manuapool P.S. Case No. 391 of 2023, registered
under Sections 147, 149, 341, 323, 307 and 504 of the Indian
Penal Code and Sections 3 (i) (r) (s) (ii) (v-a) of the Scheduled
Castes and Scheduled Tribes Act.
4. According to the prosecution case, all these
appellants over land dispute, assaulted the respondent no. 2.
5. Learned counsel for the appellants submits that
appellants have clean antecedent and they have falsely been
implicated in the present case. He further submits that due to
admitted land dispute, the present occurrence has been taken
place and the present case is counter blast of Bettiah (M)
Manuapool P.S. Case No. 385 of 2023 filed by the wife of
appellant no. 2 against the informant and her family members
and from the perusal of the F.I.R. it appears that the date of
occurrence is 15.04.2023 but the present F.I.R has been
instituted on 13.06.2023 i.e., after delay of two months without
giving any explanation of the said delay which suggests that the
present F.I.R. has been instituted only to falsely implicate the
appellants in the present case and apart from that it appears that
there is no specific allegation against these appellants of assault
rather there is general and omnibus allegation against all the
accused persons including these appellants. He further refers to
Patna High Court CR. APP (SJ) No.5540 of 2023(3) dt.24-06-2025
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paragraph no.18 of the judgment reported in (2020) 10 SCC 710
(Hitesh Verma vs. State of Uttarakhand & Anr.) which is quoted
hereinbelow:-
“Therefore, offence under the Act is not
established merely on the fact that the informant is a
member of Scheduled Caste unless there is an
intention to humiliate a member of Scheduled Caste
or Scheduled
Tribe for the reason that the victim
belongs to such caste. In the present case, the
parties are litigating over possession of the land.
The allegation of hurling of abuses is against a
person who claims title over the property. If such
person happens to be a Scheduled Caste, the offence
under Section 3(1)(r) of the Act is not made out.”
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants and
submits that the appellants are named in the F.I.R and there is
specific and direct allegation against the appellants that they
have assaulted the informant and the injury report of the
informant suggests that the injury is grievous in nature.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts and circumstances,
let the appellants, above named, in the event of their arrest to
Patna High Court CR. APP (SJ) No.5540 of 2023(3) dt.24-06-2025
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surrender before the Court below within a period of thirty days
from the date of receipt of the order, be released on anticipatory
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two surities of the like amount each to the satisfaction of learned
1st Additional District & Sessions Judge-cum-Special Judge (SC
& ST), Bettiah, West Champaran in connection with Bettiah (M)
Manuapool P.S. Case No. 391 of 2023, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita, 2023 and with other following conditions:-
i. Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
any stage it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
Patna High Court CR. APP (SJ) No.5540 of 2023(3) dt.24-06-2025
5/5cancellation of bail bond of the appellants. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Jyoti Kumari/-
U T