Patna High Court – Orders
Farmud Ansari vs The State Of Bihar on 21 August, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1513 of 2021
Arising Out of PS. Case No.-44 Year-2017 Thana- SC/ST District- Sitamarhi
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1. FARMUD ANSARI Son of Sakur Ansari Resident of Village - Barbas, P.S.
Dumra, District - Sitamarhi.
2. Abbas Ansari Son of Shabbir Ansari Resident of Village - Barbas, P.S.
Dumra, District - Sitamarhi.
3. Saimuddin Ansari @ Samuddin Son of Majid Ansari Resident of Village -
Barbas, P.S. Dumra, District - Sitamarhi.
4. Wajul Ansari Son of Ibrahim Ansari Resident of Village - Barbas, P.S.
Dumra, District - Sitamarhi.
5. Reyajul Ansari Son of Ibrahim Ansari Resident of Village - Barbas, P.S.
Dumra, District - Sitamarhi.
... ... Appellant/s
Versus
1. The State of Bihar
2. Madan Baitha Son of Sobhit Baitha R/V- Karanhiya, P.S.- Sitamarhi , Dist-
Sitamarhi
... ... Respondent/s
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Appearance :
For the Appellants : Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the State : Mr. Binay Krishna, Spl.PP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 21-08-2025
Heard learned counsel appearing for the appellants
and learned Spl.P.P. appearing on behalf of the State.
2. Despite valid service of notice, no one appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 29.02.2020 passed in a case registered for the offence
punishable under Sections 147, 148, 149, 341, 323, 379, 354,
354B, 504, 394, 295, 295A and 506 of the Indian Penal Code
Patna High Court CR. APP (SJ) No.1513 of 2021(6) dt.21-08-2025
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and Section 3(1)(r)(s)(w) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for anticipatory bail of these appellants has been rejected.
4. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these appellants,
assaulted informant and others and abused them by caste name.
It is further alleged that all the accused persons misbehaved with
the female inmates and looted ornaments.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. There are general and omnibus
allegations and no specific accusation of overt act has been
alleged against these appellants. It is not the case of the
prosecution 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 these appellants. It is further submitted that similarly
situated co-accused persons have already been granted the
privilege of anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 08.12.2020 passed in Cr. Appeal
(SJ) No. 1708 of 2020. Appellants claim clean antecedents.
6. On the other hand, learned Spl.P.P. appearing on
Patna High Court CR. APP (SJ) No.1513 of 2021(6) dt.21-08-2025
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behalf of the State has vehemently opposed this appeal.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the appellants, this appeal is
allowed and the impugned order dated 29.02.2020 passed by the
learned 1st Additional District and Sessions Judge-cum-Special
Judge (S.C./S.T. Act), Sitamarhi in connection with A.B.P. No.
388 of 2020/65 of 2020 arising out of Sitamarhi SC/ST P.S.
Case No. 44 of 2017 is hereby set aside with respect to these
appellants only.
8. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged 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 learned 1st Additional District and Sessions Judge-cum-
Special Judge (S.C./S.T. Act), Sitamarhi in connection with
Sitamarhi SC/ST P.S. Case No. 44 of 2017.
(Prabhat Kumar Singh, J)
shashank/-
U T