Patna High Court – Orders
Md. Amir @ Md. Israfil @ Israfil 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.265 of 2024
Arising Out of PS. Case No.-426 Year-2023 Thana- BARAUNI District- Begusarai
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1. Md. Amir @ Md. Israfil @ Israfil S/O MD. SOAIB @ MD. SOYEB @ MD.
SHOEB VILLAGE- NINGA, (NIGA) WARD NO. 10, NINGA ADDA
CHOWK, PS. BARAUNI, DIST. BEGUSARAI.
2. MD. IBRAHIM S/O MD. SOAIB @ MD. SOYEB @ MD. SHOEB
VILLAGE- NINGA, (NIGA) WARD NO. 10, NINGA ADDA CHOWK, PS.
BARAUNI, DIST. BEGUSARAI.
... ... Appellant/s
Versus
1. The State of Bihar
2. KARAN KUMAR S/O TANTI VILLAGE- NINGA, (NIGA), PS.
BARAUNI, DIST. BEGUSARAI.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sandip Kr Gautam, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.PP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 24-06-2025
Heard Mr. Sandip Kr Gautam, learned counsel for
the appellants as well as Mr. Sadanand Paswan, learned Spl.P.P.
for the State.
2. Despite valid service of notice upon Respondent
No.2, no one appeared on behalf of Respondent No.2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
23.11.2023 passed by the learned Court of Exclusive special
Judge, SC/ST (POA) Act, Begusarai in connection with Barauni
P.S. Case No. 426 of 2023, F.I.R. dated 16.08.2023 registered
Patna High Court CR. APP (SJ) No.265 of 2024(4) dt.24-06-2025
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under Sections 341, 323, 384, 448, 504, 506, 34 of the Indian
Penal Code and Sections 3 (i) (r) (s), 3(2)(va) of the Scheduled
Castes and Scheduled Tribes Act.
4. According to the prosecution case, the informant
alleged that on 14.08.2023, the appellants along with other
accused persons arrived at his house and abused him by caste
name and assaulted him by fist and slaps and also demanded
Rs.20,000/- from him.
5. Learned counsel for the appellants submits that
appellants are innocent and they have falsely been implicated in
the present case. There is case and counter case between the
parties. It appears from FIR that the informant belongs to
Tanti/Tantwa community and by virtue of the notification of the
State Government they had become the SC/ST category but
after the judgment of the Hon’ble Supreme Court the informant
has been excluded from the list of SC/ST category, in view of
the aforesaid judgment, no case is made out against SC/ST Act
and as far as allegation of assault is concern no specific
allegation of assault or overt act against these appellants rather
the allegation levelled against them is general and omnibus.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants and
Patna High Court CR. APP (SJ) No.265 of 2024(4) dt.24-06-2025
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submits that appellant no.1 carries one criminal antecedent and
appellant no.2 carries two criminal antecedent but fairly submits
on the basis of paragraph-3 of the bail application that both the
appellants are on bail in the pending matters.
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
and in view of the judgment of the Hon’ble Supreme Court the
informant has been excluded from the list of SC/ST category, in
view of the aforesaid judgment, no case is made out against
SC/ST Act, 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) with two surities of the like amount each to the
satisfaction of learned Court of Exclusive Special Judge, SC/ST
(POA) Act, Begusarai in connection with Barauni P.S. Case No.
426 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.265 of 2024(4) dt.24-06-2025
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)
Suruchi/-
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