Sheikh Munna @ Irshad @ Irshad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1402 of 2024 Arising Out of PS. Case No.-176 Year-2023 Thana- SATHI District- West Champaran ====================================================== Sheikh Munna @ Irshad @ Irshad Alam SON OF LATE KAMRUL ALAM RESIDENT OF VILLAGE- SEMARI PS- SATHI, DIST- WEST CHAMPARAN ... ... Appellant/s
Versus
1.
The State of Bihar 2.
UMESH SAH SON OF LATE MANGER SAH RESIDENT OF VILLAGEBHAGONA PS- SATHI, DISTT- WEST CHAMPARAN ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dhannjay Kumar, Adv.
For the Respondent/s :
Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2025
1. Heard learned counsel for the appellant 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 10.01.2024 in A.B.P. No. 3231 of 2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bettiah, West Champaran in connection with Sathi P.S. Case No. 176 of 2023 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 506 and 149 of the Indian Penal Code as well as Sections 3(1)(r)(s)
2/4 and 3(2)(v-a) of the SC/ST Act.
3. Learned counsel for the appellant submits that appellant has antecedent of one case. It is further submitted that the case was taken up on 02.05.2024 and notices were issued on the respondent no. 2 and from perusal of the office report dated 21.05.2025, it would manifest that the same records that ordinary notice has been validly served on the respondent no. 2. It is next submitted that though respondent no. 2 accepted the notice, but then chooses not to appear and contest. It is next submitted that the informant alleges that he belongs to ST category and on 04.08.2023 he was preparing his land for planting when at about 04:00 PM, all accused persons came variously armed and stopped him from carrying on with his agricultural work and assaulted him and also abused by taking caste name and threatened to kill, further Khurshid Alam assaulted him by farsa causing injury on neck, thereafter all the accused persons assaulted him by lathi and danda and Naushad and Dankan @ Javed threatened with pistol to leave the land or he will be shot.
4. Learned counsel for the appellant submits from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is
3/4 alleged to have taken place. It is next submitted that no specific allegation of assault is alleged against the petitioner though there is specific allegation of assaulting the informant by Khurshid Alam. It is also submitted that though it is alleged that Naushad and Dankan threatened him with pistol, but then the FIR has not been instituted under the arms act which casts an aspersion on the case of the prosecution.
5. Learned Spl. P.P. for the State opposes the appeal.
6. In view of the submissions made by the learned counsel for the appellant, the order dated 10.01.2024 in A.B.P. No. 3231 of 2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bettiah, West Champaran in connection with Sathi P.S. Case No. 176 of 2023, is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sathi P.S. Case No. 176 of 2023 subject to the conditions as laid down
4/4 under Section 482 (2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Satyavrat Verma, J) Rishabh/- U T