Allowed

Sheikh Sarfaraj v. the State of Bihar

Patna HC18 Nov 2024CR. APP (SJ)/453/2023

Case brief

AI extract

What is this about?

This criminal appeal challenged a bail rejection order under the SC/ST Act regarding an offence where the appellant was not named in the FIR. The High Court allowed the appeal, set aside the rejection, and granted anticipatory bail.

What did the court decide?

The order dated 07.12.2022 rejecting anticipatory bail was set aside and the appellant was granted privilege of anticipatory bail with a bond of Rs. 10,000/- and two sureties.

Sheikh Sarfaraj Vs the State of Bihar — Constitutional and Fundamental Rights | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.453 of 2023

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Arising Out of PS. Case No.-140 Year-2020 Thana- CHANPATIA District- West Champaran

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======================================================

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SHEIKH SARFARAJ S/O MD. HASNAIN @ SHEIKH HASNAIN KHALIFA R/v- Barwa Kala, P.S.- Lauriya, District- West Champaran

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THE STATE OF BIHAR ====================	Versus ====================	... ... Appellant/s ... Respondent/s ==============
Appearance :
For the Appellant/s :	Mr. Ram Adya Singh
For the Respondent/s : ====================	Mr. Binay Krishna ====================	==============

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 18-11-2024 1. Heard learned Counsel for the appellant and learned Additional Public Prosecutor for the State.

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2. An order, dated 07.12.2022, passed by learned Additional District and Session Judge I -cum- Special Judge SC/ST, Bettiah, West Champaran, in ABP No. 3364 of 2022, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Chanpatia Police Station Case No. 140 of 2020 registered for the offences under Sections 147/148/149/341/323/324/354/307/427/448/504/506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 (i)(r)(s)w(i) and 3 (2)(v)(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has

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Patna High Court CR. APP (SJ) No.453 of 2023(4) dt.18-11-2024 2/4

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been rejected.

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3. Despite service of notice, the respondent no. 2 has not appeared.

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4. The prosecution case, as per the First Information Report, is that on 05.04.2020, at about 07:00 PM, the FIR named accused persons came at the door of the informant and started abusing by his caste name and also assaulted him and other family members assaulted by means of lathi, bhala, farsa and iron rod. It has further been alleged that the accused persons destroyed household articles of the informant and also misbehaved with the women folks.

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5. Learned counsel for the appellant submits that the appellant has not committed any offence in the manner alleged and has falsely been implicated in the present case due to oblique motive. He next submits that the appellant is not named in the First Information Report, rather, his name has transpired during the course of investigation. The similarly situated co-accused Sheikh Sarfaraj has been granted anticipatory bail by this Court in Cr. Appeal (SJ) No. 406 of 2023. He further submits that the provision for SC/ST Act is not attracted against the appellant inasmuch as there is no specific allegation or

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Patna High Court CR. APP (SJ) No.453 of 2023(4) dt.18-11-2024 3/4

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overt act against him. The appellant is having no criminal antecedent.

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6. Learned Special Public Prosecutor submits that the respondent no. 2 has already been informed pursuant to the order, dated 26.07.2023, as such, there was sufficient notice to the respondent no. 2. He further submits that the similarly situated co-accused person has been granted anticipatory bail by this Court in Cr. Appeal (SJ) No. 406 of 2023.

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7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the appellant is not named in the First Information Report and the co-accused has been granted anticipatory bail by this Court, I am inclined to grant the appellant privilege of anticipatory bail.

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8. This appeal is, accordingly, allowed and the order, dated 07.12.2022, passed by learned Additional District and Sessions Judge I -cum- Special Judge, SC/ST, Bettiah West Champaran, in ABP No. 3364 of 2022, is set aside.

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9. Let the appellant, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

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Patna High Court CR. APP (SJ) No.453 of 2023(4) dt.18-11-2024 4/4

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(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge I -cum- Special Judge, SC/ST, Bettiah West Champaran, in connection with Chanpatia Police Station Case No. 140 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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ashwani/-

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U T

Sheikh Sarfaraj v. the State of Bihar

Case brief

What is this about?

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Sheikh Sarfaraj v. the State of Bihar

Case brief

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