Patna High Court – Orders
Shahnawaj vs The State Of Bihar on 28 February, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2301 of 2024
Arising Out of PS. Case No.-43 Year-2023 Thana- SC/ST District- Araria
======================================================
1. Shahnawaj son of Rakib Village- Banmottar W.No-13, Ps- Jokihat Dist-
Araria
2. Talib @ Md. Abu Talib son of Tahir Village- Banmottar W.No-13, Ps-
Jokihat Dist- Araria
3. Sarwar @ Sarwar Alam son of Alam Village- Banmottar W.No-13, Ps-
Jokihat Dist- Araria
4. Mahboob @ Mahboob Alam son of Late Fajilat Village- Banmottar W.No-
13, Ps- Jokihat Dist- Araria
5. Galib son of Late Seraj Village- Banmottar W.No-13, Ps- Jokihat Dist-
Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Dayanand Prasad Rajak son of Late Shyamlal Rajak Village- Banmottar
W.No-13, Ps- Jokihat Dist- Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Md Ziaul Quamar, Adv.
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
4 28-02-2025
Heard learned counsel for the appellants and learned
Spl. P.P. for the State.
2. This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the refusal of prayer for
anticipatory bail of the appellants vide order dated 24.04.2024
passed by the learned 1st Additional Sessions Judge-cum-
Special Judge, Araria in connection with Araria SC/ST P.S. Case
No. 43 of 2023 dated 23.12.2023 registered for the alleged
Patna High Court CR. APP (SJ) No.2301 of 2024(4) dt.28-02-2025
2/4
offences punishable under Sections 147, 149, 341, 325, 324,
323, 307, 504, 506, 354B, 427, 379 and 385 of the Indian Penal
Code and Sections 3(1)(r)(s)/ 3(2)(v)/ 5 of the Scheduled Castes
and Scheduled Tribes (PoA) Act.
3. As per prosecution case, the informant was 200m
away from his home, the accused persons armed with knife,
iron, rod and weapons stopped the informant’s motorcycle and
snatched the key of the vehicle. The co-accused, Md. Afaque put
arms on forehead of the informant and threatened him to
withdraw the earlier filed case by his mother. During the
conversation, on the order of the co-accused, Salimuddin, all the
accused persons started beating the informant and abusing him
by calling his caste name. The co-accused, Rakib assaulted the
informant with iron rod on his head. The co-accused, Zahid
inflicted knife blow on the informant due to which his thumb
got cut. The petitioner, Shahnawaj assaulted the informant with
lathi and danda due to which his right side of panjera was
fractured. When the informant’s mother and wife came to rescue
then the appellants, Mehboob, Ghalib and the co-accused,
Guddu assaulted them with kicks and punches and outraged
their modesty. During the assault, the informant’s office
documents were torn into pieces by the accused persons and a
Patna High Court CR. APP (SJ) No.2301 of 2024(4) dt.28-02-2025
3/4
golden chain and Rs. 1,05,000/- in cash were snatched by the
co-accused, Md. Afique. The co-accused, Rakib snatched silver
chain from the neck of the informant’s wife and the appellants
Sarwar snatched a golden rind from the informant’s finger.
4. Learned counsel for the appellants submits that the
appellants are innocent and have been falsely implicated in this
case. There is a case and counter case between the parties.
There is land dispute between the parties. There is general and
omnibus allegation of abusing against the appellants and no
member of public was present at the relevant point of time of
the incident and hence, no offence under provisions of SC/ST
Act is made out against the appellants. There is no specific
allegation against the appellant no.2 and the allegation against
the co-accused, Zahid who assaulted the informant with knife
causing cut injury on thumb of left hand and the injury is simple
in nature which is on non vital part of the body. As per of the
injury report of the injured, the injury nos. 1, 2, 4 and 5 are
simple in nature and no evidence of fracture is seen. It is further
submitted that the appellants have no concern with the alleged
offence. The appellant nos. 2, 4, 5 have no criminal antecedent
and appellant nos. 1 and 3 have one criminal antecedent as
stated in para 3 of the bail petition. The co-accused persons have
Patna High Court CR. APP (SJ) No.2301 of 2024(4) dt.28-02-2025
4/4
been granted bail by this Court vide order dated 09.05.2024
passed in Cr. Appeal(SJ) No. 851 of 2024.
5. Learned Special Public Prosecutor for the State has
opposed the prayer for bail of the appellants.
6. In view of the aforesaid facts and circumstances of the
case, the impugned order dated 24.04.2024 passed by the
learned 1st Additional Sessions Judge-cum- Special Judge,
Araria in connection with Araria SC/ST P.S. Case No. 43 of
2023, is set aside against the appellants. The criminal appeal is
allowed.
7. Accordingly, the above named appellants, in the event
of their arrest or surrender before the learned court below within
a period of six weeks from today, be enlarged on anticipatory
bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty
thousand) each with two sureties of the like amount each to the
satisfaction of the learned 1st Additional Sessions Judge-cum-
Special Judge, Araria in connection with Araria SC/ST P.S. Case
No. 43 of 2023, subject to conditions as laid down under section
438(2) of the Code of Criminal Procedure.
(Chandra Prakash Singh, J)
Shivam/-
U T
[ad_1]
Source link