Juvaid Alam @ Jubair Alam @ Juvir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5503 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- SC/ST District- East Champaran ====================================================== 1.

Juvaid Alam @ Jubair Alam @ Juvir Alam, S/O Najarudin Miya. 2.

Parwej Alam S/O Diljan Miya.

3.

Javed Alam S/O Diljan Miya.

4.

Tabrej Alam S/O Diljan Miya.

5.

Najarudin Miya @ Md. Najarudin Miya @ Md. Najarudin, son of late Wakil Miya.

6.

Diljan Miya S/O Late Wakil Miya @ Late Wakil Miyan. 7.

Md. Saheb Miya @ Md. Saheb Jan, S/O Late Wakil Miya. All are resident of Village - Chargaha, P.S.- Turkauliya, Dist.- East Champaran.

... ... Appellants

Versus

1.

The State of Bihar 2.

Lalmuni Devi W/O Suresh Ram R/O Vill.- Chargaha, P.S.- Turkauliya, Dist.- East Champaran.

... ... Respondents ====================================================== Appearance :

For the Appellants :

Mr. Abhishek Kumar For the Respondents :

Mr. Binay Krishna, Spl. P.P.

Mr. Manjeet Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-11-2025 Heard learned counsel for the appellants, learned Spl. P.P. for the State and learned counsel for the informant. 2.

This appeal is preferred against the order dated 03.09.2024 passed by the learned Special Judge, S.C./S.T. Act, East Champaran, Motihari, in connection with Motihari S.C./S.T. P.S. Case No.51 of 2024 registered for the offence under sections 341, 323, 354, 379, 504, 34 of the Indian Penal

Patna High Court CR. APP (SJ) No.5503 of 2024(4) dt.10-11-2025 2/3 Code and under sections 3(1)(r)(s) of the S.C./S.T. Act, by which the prayer of the appellants for grant of anticipatory bail has been rejected.

3.

The allegation against the appellants is of abusing the informant by taking her caste name due to previous enmity.

4.

Learned counsel for the appellants submits that the F.I.R. has been lodged after 29 days of the alleged occurrence and in the F.I.R. no reason for the aforesaid delay been been mentioned.

5.

Learned counsel for the State and the informant has opposed the prayer of the appellants for grant of bail.

6.

I have considered the submissions of the parties and perused the materials on record.

7.

From reading of the present F.I.R. it appears that the occurrence is said to have taken place on 19.06.2024 but the F.I.R. has been lodged by the informant only on 19.07.2024 i.e. after a delay of one month that too without any cogent and reasonable explanation, which is damaging the case of the prosecution.

8.

In view of the above, this appeal is allowed.

Patna High Court CR. APP (SJ) No.5503 of 2024(4) dt.10-11-2025 3/3 Accordingly, the impugned order dated 03.09.2024 passed by the learned Special Judge, S.C./S.T. Act, East Champaran, Motihari is hereby set aside.

9.

Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, S.C./S.T. (POA) Act, East Champaran, Motihari / concerned Court, in connection with Motihari S.C./S.T. P.S. Case No.51 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

(Sandeep Kumar, J) pawan/- U T