Sadman Ali @ Shadman Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3115 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Sadman Ali @ Shadman Ali S/o- Ali Akhtar, R/o Village- Sahdulepur, P.S. Gopalganj, District- Gopalganj.

... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Deenanath Ram son of Late Ramvilas Ram R/o- Syampur Ps- Uchakagaon Dist- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Javed Aslam, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the appellant and the learned Special Public Prosecutor for the State.

2. This criminal appeal has been filed against the order dated 02.05.2024 passed by learned XI, Additional Sessions Judge-cum-Exclusive Special Judge under SC/ST Act, Gopalganj, Bihar in ABP No. 1002 of 2024 in connection with Uchakagaon P.S. Case No. 06 of 2024, instituted under Sections 341, 323, 504 and 34 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

3. Prosecution case, in brief, is that on 06.01.2024 while the informant was constructing his house, in the

Patna High Court CR. APP (SJ) No.3115 of 2024(3) dt.15-05-2025 2/3 meantime, the co-accused persons who had previous land dispute with the informant came to his land started abusing the informant and the appellant along with ten to twelve unknown persons also came there and abused the informant by caste name and also threatened him.

4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. He further submits that on account of previous land dispute between the parties the present occurrence has taken place. The present case is the counter blast of Uchaskagaon P.S. Case No. 05 of 2024 lodged by the appellant's side against the informant's side and only to save their skin, the present false case has been lodged by the informant's side against the appellant. It is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant carries three criminal antecedents, however he is on bail in all the cases.

5. Learned Spl. Public Prosecutor for the State opposed the bail application.

6. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on

Patna High Court CR. APP (SJ) No.3115 of 2024(3) dt.15-05-2025 3/3 furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned XI, Additional Sessions Judge-cum-Exclusive Special Judge under SC/ST Act, Gopalganj, Bihar in connection with Uchakagaon P.S. Case No. 06 of 2024.

7. Accordingly, this criminal appeal is allowed and impugned order dated 02.05.2024 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) Shahnawaz/- U T