Patna High Court – Orders
Md. Munna @ Md. Faiyaz 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.5441 of 2023
Arising Out of PS. Case No.-244 Year-2023 Thana- DALSINGHSARAI District- Samastipur
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MD. MUNNA @ MD. FAIYAZ SON OF MD. NATHO @ MD. IBRAHIM
RESIDENT OF VILLAGE - KAMRAWN, P.S. - DALSINGH SARAI,
DISTRICT - SAMASTIPUR
... ... Appellant/s
Versus
1. The State of Bihar BIHAR
2. NIRAJ KUMAR SON OF DHANESHWAR MAHTO RESIDENT OF
VILLAGE - SAHWAJPUR MAHNAIYA, WARD NO.14, P.S. -
DALASINGSARAI, DISTRICT - SAMASTIPUR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Surya Narayan Roy, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-06-2025
Heard Mr. Surya Narayan Roy, learned counsel for
the appellant and Mr. Sadanand Paswan, learned Special Public
Prosecutor for the State.
2. Learned Spl.P.P has informed this Court that he has
informed respondent no. 2 through Superintendent of Police,
Samastipur regarding the present case on 09.05.2025. Despite of
that 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
25.09.2023 passed by the learned Court of Special Judge, SC/ST
(POA) Act, Samastipur in A.B.P. No. 3029 of 2023 in
connection with Dalsinghsarai P.S. Case No. 244 of 2023, F.I.R.
Patna High Court CR. APP (SJ) No.5441 of 2023(3) dt.17-06-2025
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dated 10.06.2023 registered under Sections 341, 323, 325, 504,
506/34 of the Indian Penal Code and Sections 3 (1)(r)(s) of the
Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, the appellant
along with other co-accused persons is said to have abused the
informant and assaulted him and his father with stick, wicket
etc. due to which they got injured.
5. Learned counsel for the appellant submits that
appellant has clean antecedent and he has 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
appellant has not committed any offences as alleged in the F.I.R.
Although, the appellant is named in the FIR, but from perusal of
the FIR, it appears that date of occurrence as mentioned in the
FIR is 23.05.2023 but FIR was instituted on 10.06.2023 after the
dealy of 17 days only to implicate the appellant and apart from
that it transpires from the FIR that there is no specific allegation
of assault or overt act against the appellant and the place of
occurrence is the house of the informant (respondent no. 2)
which is not a public place, so no case is made out against the
SC/ST Act against the appellant.
6. Learned Special Public Prosecutor for the State has
Patna High Court CR. APP (SJ) No.5441 of 2023(3) dt.17-06-2025
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vehemently opposed the prayer for bail of the appellant and
submits that the appellant is named in the F.I.R.
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 circumstances of the case
that the appellant has clean antcedent, there is no specific
allegation against the appellant and occurrence took place in the
house of the informant which is not a public place so no case is
made out against SC/ST Act, let the appellant, above named, in
the event of his 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 Special Judge, SC/ST (POA)
Act, Samastipur in connection with Dalsinghsarai P.S. Case No.
244 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. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. APP (SJ) No.5441 of 2023(3) dt.17-06-2025
4/4and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant 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 appellant and in case at
any stage it is found that the appellant has concealed his
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