Patna High Court – Orders
Khurseed Alam @ Khurshed Alam vs The State Of Bihar on 6 May, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5666 of 2023
Arising Out of PS. Case No.-178 Year-2023 Thana- SATHI District- West Champaran
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1. Khurseed Alam @ Khurshed Alam Son of Late Sk. Salauddin R/o vill -
Semri, P.S. - Sathi, Distt. - West Champaran
2. Javed Asraf Son of Late Sk. Salauddin R/o vill - Semri, P.S. - Sathi, Distt. -
West Champaran
3. Sudama Mahto Son of Late Ramrup Mahto R/o vill - Bhagauna, P.S. - Sathi,
Distt - West Champaran
4. Sk. Barkat @ Md. Barakat Son of Sk. Kuresh R/o vill - Baswariya, P.S. -
Sathi, Distt. - West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Umesh Sah Son of Late Manergar Sah R/o vill - Bhagauna, P.S. - Sathi,
Distt. - West Chamaparan
... ... Respondent/s
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Appearance :
For the Appellants : Mr. Sarvesh Kashyap, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 06-05-2025
Heard Mr. Sarvesh Kashyap, learned counsel for the
appellants and Mr. Sadanand Paswan, learned Special Public
Prosecutor for the State.
2. Despite of valid service of notice upon Respondent
No. 2, no one appears on behalf of Respondent No. 2.
3. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 16.10.2023 passed by the learned Additional
Patna High Court CR. APP (SJ) No.5666 of 2023(4) dt.06-05-2025
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District & Sessions Judge 1st cum Special Judge (SC & ST),
Bettiah, West Champaran in connection with Sathi P.S. Case
No. 178 of 2023 registered under Sections 147, 148, 149, 341,
323, 448, 452, 379, 504, 506 of the Indian Penal Code and
Sections 3(1) (r)(s), 2 (va) of the SC & ST Act.
4. Allegation against the appellants is that they along
with other co-accused persons have assaulted the informant and
his family members and abused in the name of his caste.
5. Learned counsel for the appellants submits that the
appellant no. 1 carries one more case, appellant no. 2 carries one
more case, appellant no. 3 carries four more cases and appellant
no. 4 carries two more cases other than the present one and they
have been falsely implicated in the present case. Although, the
appellants are named in the F.I.R. but it appears from the F.I.R.
as well as counter case filed on behalf of the appellants’ side
which suggests that due to admitted land dispute the present
occurrence had taken place and apart from that from perusal of
the F.I.R. the allegation took place in the house of the informant
which is not a public place and apart from that it appears from
the F.I.R. that the appellants have not abused his caste name in
the public place and hence no case is made out under the SC/ST
Act against the appellants and apart from that in view of the
Patna High Court CR. APP (SJ) No.5666 of 2023(4) dt.06-05-2025
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judgment in the case of Hitesh Verma Vs. The State of
Uttarakhand & Anr., reported in (2020) 10 SCC 710, paragraph-
18 which reads as follows:-
“18. 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. Paragraph-18 of the aforesaid judgment and in the
background of the land dispute, no case is made out under
SC/ST Act against the appellants.
7. Learned Special Public Prosecutor for the State, on
the other hand, vehemently opposed the prayer for anticipatory
bail of the appellants and submits that the appellant no. 1 carries
one more case other than the present one, appellant no. 2 carries
Patna High Court CR. APP (SJ) No.5666 of 2023(4) dt.06-05-2025
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one more case other than the present one, appellant no. 3 carries
four more cases other than the present one, out of four cases the
appellant no. 3 is on bail in three cases and appellant no. 4
carries two more cases other than the present one, out of two
cases, the appellant no. 4 is on bail in one case as mentioned in
paragraph-3 of the bail petition.
8. Considering the aforesaid facts and circumstances
of the case that there is case and counter case between the
parties and the admitted fact that due to land dispute, the present
occurrence had taken place and in view of judgment of Hon’ble
Apex Court as mentioned aforesaid, no case is made out under
SC/ST Act, let the appellants, above named, in the event of their
arrest or 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) each with two sureties of the like amount each to the
satisfaction of learned Additional District & Sessions Judge cum
Special Judge, SC/ST, Bettiah, West Champaran in connection
with Sathi P.S. Case No. 178 of 2023, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 along with other
following conditions :-
Patna High Court CR. APP (SJ) No.5666 of 2023(4) dt.06-05-2025
5/5(1) 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 bonds shall be cancelled by the
Court below.
(2) If the appellants tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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
cancellation 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 dated 16.10.2023
is set aside and this appeal stands allowed.
Ibrar//- (Rajesh Kumar Verma, J) U