Quaisar Ali @ Quaisar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4757 of 2024 Arising Out of PS. Case No.-276 Year-2020 Thana- JOKIHAT District- Araria ====================================================== Quaisar Ali @ Quaisar Son of Khaja Hussain @ Md. Khaja Resident of Village- Chirah, Ward No. 1, P.S.- Mahalgaon, Distt.- Araria ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Hareram Yadav Son of Dorik Rai R/O- Village- Shamratha, W.No. 10, P.S.- Vibhutipur, Distt.- Samastipur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Md Naushaduzzoha For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the parties.
2. This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act (for short 'the Act') for setting aside the order dated 23.08.2024 in connection with Jokihat (Mahalgaon) P.S.Case No. 276 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 337, 338, 307, 353, 384, 427, 504, 506, 120B, 379, 323 and 333 of the Indian Penal Code and Section 3(i)(r), 3(2) (va) of the Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
3. As per the allegation, when the informant and another reached at Bishanpur, the appellant along with other
Patna High Court CR. APP (SJ) No.4757 of 2024(5) dt.19-03-2025 2/2 accused persons intercepted his ambulance and attacked them with lathi, danda, farsa etc. The accused persons also caused extensive damage to the ambulance and medical equipments loaded thereon.
4. The learned counsel for the appellant has submitted that he is innocent and has falsely been implicated. The allegations are general and omnibus and on exactly similar footing co-accused Md. Mohid @ Mohit @ Mohib has been granted anticipatory bail in Cr.Appeal (SJ) No. 2461 of 2023.
5. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 23.08.2024 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, Araria, in connection with Jokihat (Mahalgaon) P.S.Case No. 276 of 2020.
(Nawneet Kumar Pandey, J) HR/- U T