Zafar Zamal @ Chunu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3320 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- SC/ST District- Kishanganj ====================================================== Zafar Zamal @ Chunu son of Zafrul @ Zafrul Hasan Resident of Tulsiya, W.No-5, PS- Dighalbank, Dist- Kishanganj ... ... Appellant/s
Versus
1 .
The State of Bihar 2.
Shekha Devi wife of Arun Kumar Mallik Resident of Village- Purana Market Tulsiya, PS- Dighalbank, Dist- Kishanganj ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Raj Kumar , Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2025 Despite valid service of notice, none appears on behalf of the respondent no. 2.
2. Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor.
3. This criminal appeal has been filed against the order dated 17.05.2024 passed by learned Additional Sessions Judge-1st-cum-Special Judge SC/ST, Kishanganj in connection with Kishanganj SC/ST P.S. Case No. 04 of 2024, registered under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.3320 of 2024(4) dt.12-12-2025 2/3
4. Prosecution case , in a nutshell, is that this appellant along with other accused persons abused informant by caste name , assaulted her and threatened to set her house on fire .
5. Learned counsel for the appellant submits that appellant is innocent and has committed no offence . Specific accusation is against other co-accused persons. Allegation of assault is general and omnibus. Insult caused to the informant was not solely on the basis of caste, as such, no case under SC/ST Act is made out against the appellant. Appellant claims clean antecedent.
6. However, learned Spl. Public Prosecutor appearing for the State vehemently opposes the prayer for bail of the appellant.
7. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - 1st - cum- Special Judge , Kishanganj in connection with
Patna High Court CR. APP (SJ) No.3320 of 2024(4) dt.12-12-2025 3/3 Kishanganj ( SC / ST ) Police Station Case No. 04 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T