Patna High Court – Orders
Khurshid Mian @ Md. Khurshid vs The State Of Bihar on 17 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4868 of 2023
Arising Out of PS. Case No.-383 Year-2023 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Khurshid Mian @ Md. Khurshid Son Of Noor Mohammad Miyan @
Noormhamad Miya Resident Of Village- Saidnagar, Ps- Motihari Muffasil,
Distt- East Champaran
2. Raju Miyan @ Md. Raju @ Alishan @ Ahishan Son Of Irsad Miyan @ Md.
Irsad Resident Of Village- Saidnagar, Ps- Motihari Muffasil, Distt- East
Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajan Kumar Son Of Shambhu Ram Resident Of Village- Ramgadhwa, Ps-
Muffasil, Distt- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rahul Singh, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-06-2025
Heard Mr. Rahul Singh, learned counsel for the
appellants, Mrs. Usha Kumari 1, learned Special Public Prosecutor
for the State.
2. Learned Spl.P.P has perused the letter dated
08.05.2025 which suggest that the informant has been informed
with respect to the present case through the Superintendent of
Police, East Champaran, Motihari on 08.05.2025 itself. Despite of
that, no one appeared on behalf of the informant (respondent no.
2).
3. This is an appeal under Sections 14(A)(2) against
Patna High Court CR. APP (SJ) No.4868 of 2023(3) dt.17-06-2025
2/4
refusal of the prayer for anticipatory bail by order dated
25.09.2023 passed by the learned Court of Special Judge SC/ST
Act, East Champaran, Motihari in ABP No. 4121 of 2023 in
connection with Mufassil P.S. Case No. 383 of 2023, F.I.R. dated
23.05.2023 registered under Sections 143, 341, 323, 379, 504, 506
of the Indian Penal Code and Sections 3 (i) (r) (s) of the Scheduled
Castes and Scheduled Tribes Act.
4. According to the prosecution case, the appellants
along with other co-accused persons are said to have abused the
informant and snatched Rs.10,200/- from his brother’s pocket. It is
further alleged that they assaulted the informant and his cousins
and snatched gold chain from one, Dilip Kumar.
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 the
allegation as alleged in the F.I.R. is false and fabricated and the
appellants have not committed any offences as alleged in the F.I.R.
He further submits that from perusal of the FIR, it appears that the
appellants have not abused the informant, the allegation of abuse is
against the co-accused, namely, Rahul Singh. It appears that there
is no specific allegation against the appellants rather there is
general and omnibus allegation against all accused persons
including these appellants. Although, the informant has received
Patna High Court CR. APP (SJ) No.4868 of 2023(3) dt.17-06-2025
3/4
injuries but injury report of the informant suggest that the injuries
are simple in nature caused by hard and blunt substance.
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 they have
assaulted the informant and others.
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 facts and circumstance that
appellants have clean antecedent, there is no specific allegation of
abuse against the appellants and injury report of the injured
persons suggest that injuries are simple in nature, let the
appellants, above named, in the event of their arrest to 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
surities of the like amount each to the satisfaction of learned
Special Judge SC/ST Act, East Champaran, Motihari in connection
with Mufassil P.S. Case No. 383 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:-
Patna High Court CR. APP (SJ) No.4868 of 2023(3) dt.17-06-2025
4/4i. 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 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 is set aside and this
appeal stands allowed.
(Rajesh Kumar Verma, J)
priyanka/-
U T