Munna Quraishi @ Munna Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3180 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Munna Quraishi @ Munna Miya Son of Late Bhiikhar Quraishi R/O Vill.- Chikpatti Ward no. 9, Sugauli, P.s.- Sugauli, Dist.- East Champaran 2.

Arman Quraishi @ Arman Son of Yashin Quarishi R/O Vill.- Chikpatti Ward no. 9, Sugauli, P.s.- Sugauli, Dist.- East Champaran 3.

Anwar Quarishi Son of Mustafa Quraishi R/O Vill.- Chikpatti Ward no. 9, Sugauli, P.s.- Sugauli, Dist.- East Champaran 4.

Haidar Quraishi @ Haidar Ali Son of Gopi Quraishi R/O Vill.- Chikpatti Ward no. 9, Sugauli, P.s.- Sugauli, Dist.- East Champaran 5.

Harun Quraishi Son of Kasim Quraishi R/O Vill.- Chikpatti Ward no. 9, Sugauli, P.s.- Sugauli, Dist.- East Champaran 6.

Mumtaj Quraishi Son of Muhram Quraishi R/O Vill.- Moh, Aamir Khan Tola, Ward no. 12, Sugauli, P.s.- Sugauli, Dist.- East Champaran 7.

Asraf Quraishi @ Md. Asraf Son of Bhola Quraishi R/O Vill.- Moh, Aamir Khan Tola, Ward no. 12, Sugauli, P.s.- Sugauli, Dist.- East Champaran 8.

Naushad Quraishi @ Naushad Husain Quraishi Son of Muhram Quraishi R/O Vill.- Moh, Aamir Khan Tola, Ward no. 12, Sugauli, P.s.- Sugauli, Dist.- East Champaran 9.

Khushi Quraishi @ Jalauddin Son of Abdul Karim R/O Vill.- Moh Thakurai Tola, Ward no. 16, Sugauli, P.s.- Sugauli, Dist.- East Champaran 10.

Imteyaj Miya @ Imteyaj Alam Son of Late Khairati Miya R/O Vill.- Moh Maisthan, Ward no. 10, Sugauli, P.s.- Sugauli, Dist.- East Champaran ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Sugandhi Devi Wife of Vinod Ram R/O Vill.- Sugauli Thana Chowk, Ward no.15, P.S.- Sugauli, Dist.- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Priyanka Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-04-2026

1. Heard learned counsel for the appellants and learned Spl. P.P. for the State, Mr. Binay Krishna.

2. This is an appeal under Section 14-A(2) of the

2/4 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 20.06.2024 in A.B.P. No. 2381 of 2024 passed by the learned Special Judge S.C./S.T. (POA) Act, East Champaran, Motihari in connection with Sugauli P.S. Case No. 214 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 354(B), 447, 448, 427 and 379 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.

3. Learned counsel for the appellants submits that from perusal of the office report dated 24.03.2026, it would manifest that the same records that respondent no. 2 despite receiving notice did not put her signature.

4. In view of the office report dated 24.03.2026, the notice is deemed to be validly served.

5. Learned counsel for the appellants next submits that the appellants are persons with clean antecedent and the informant alleges that on 12.05.2024 at 02:00 PM while she along with her family members were in the house when all the FIR named accused persons including the appellants along with 50-60 unknown accused came in a preplanned manner to her

3/4 house located near the cemetery and Ali Hasan Mian ordered to pull her out of the house and also abused by taking caste name and the accused persons started demolishing her house and the accused along with Ashraf and Abdullah abused her by taking caste name.

6. The learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of abuse is general and omnibus in nature. It is next submitted that it does not appear probable that 60-70 accused persons in one go would have abused the informant by taking her caste name. It is next submitted that a dispute in between the informant and the side of the appellants is brewing on account of a Mazaar. It is further submitted that this perhaps explains why the respondent no. 2 despite receiving notice, did not put her signature.

7. Learned Spl. P.P. for the State opposes the appeal.

8. In view of the submissions made by the learned counsel for the appellants, the order dated 20.06.2024 in A.B.P. No. 2381 of 2024 passed by the learned Special Judge S.C./S.T.

4/4 (POA) Act, East Champaran, Motihari in connection with Sugauli P.S. Case No. 214 of 2024, is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Sugauli P.S. Case No. 214 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

9. Accordingly, the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T