Md.Manauri Miya @ Md.Monawwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4755 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- PANDARAK District- Patna ====================================================== Md. Manauri Miya @ Md.Monawwar S/O Md. Kaisar @ Md. Kaisar Miya Resident Of Village- Hafizpur, Karmor, P.S.- Pandarak, District-Patna ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Shobha Devi W/O Late Ramakant Paswan Resident Of Village- Hafizpur Karmor, P.S.- Pandarak, District-Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bhim Sen Prasad, Advocate For the Respondent/s :
Ms. Usha Kumari 1, Spl. Public Prosecutor Ms. Pragya Kiran, Mr. Dilip Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2026 Heard learned counsel appearing on behalf of appellant, respondent no. 2 and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated 18.08.2023 passed by learned Exclusive Special Court SC/ST Act, Patna in connection with Pandarak P.S. Case No. 17 of 2023, registered under Sections 341, 323, 354, 307, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 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.
3. Prosecution case, in brief, is that on 30.1.23 at about 1 PM, this appellant verbally abused informant using
Patna High Court CR. APP (SJ) No.4755 of 2023(6) dt.15-01-2026 2/2 casteist slurs and upon objection, appellant assaulted her and fired gunshot which injured her left hand. It is further alleged that the appellant threatened to kill the informant.
4. It is submitted on behalf of appellant that appellant is innocent and has committed no offence. 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.
5. However, learned Spl. Public Prosecutor appearing for the State vehemently opposed the bail application.
6. Considering the nature and seriousness of accusation, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected. (Prabhat Kumar Singh, J) Navya/- U T