Sheikh Munna @ Irshad @ Irshad Alam v. The State of Bihar

Patna HC7 Oct 2025CR. APP (SJ)/1402/2024

Case brief

AI extract

What is this about?

Anticipatory bail appeal under S. 14-A(2) SC/ST Act, Patna HC, allowed; refusal order dt. 10.01.2024 (A.B.P. No. 3231 of 2023, Bettiah) set aside in Sathi P.S. Case No. 176 of 2023 (IPC 147, 341, 323, 324, 307, 504, 506, 149; SC/ST 3(1)(r)(s), 3(2)(v-a)); bail bond Rs. 10,000 with two sureties; surrender within six weeks; conditions under S. 482(2) BNSS; Satyavrat Verma, J; decided 07-10-2025.

What did the court decide?

Appeal allowed; impugned refusal order dated 10.01.2024 set aside; appellant to be released on anticipatory bail upon arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS. ¶¶28

Sheikh Munna @ Irshad @ Irshad Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the appellant in Sathi P.S. Case No. 176 of 2023 (Sections 147, 341, 323, 324, 307, 504, 506, 149 IPC and Sections 3(1)(r)(s), 3(2)(v-a) SC/ST Act), in this appeal against the Special Judge's refusal dated 10.01.2024.

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Court's answer

The order dated 10.01.2024 in A.B.P. No. 3231 of 2023 refusing anticipatory bail is hereby set aside.

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Ratio / Principle

The appellant, on arrest or surrender before the learned Trial Court within six weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court below.

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Key takeaways

The anticipatory bail release is made subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶¶27

Detailed headnote1 paragraphs

Criminal Appeal (SJ) No. 1402 of 2024, Patna High Court (Satyavrat Verma, J.; order dt. 07-10-2025) under Section 14-A(2) of the SC/ST Act, 1989 against refusal of anticipatory bail by order dt. 10.01.2024 in A.B.P. No. 3231 of 2023 passed by the 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bettiah, in Sathi P.S. Case No. 176 of 2023, West Champaran — offences under Sections 147, 341, 323, 324, 307, 504, 506, 149 IPC and Sections 3(1)(r)(s), 3(2)(v-a) SC/ST Act. Per appellant's counsel: occurrence of 04.08.2023 arose from a land dispute; specific assault (farsa blow causing neck injury) is alleged against Khurshid Alam, not against the appellant; pistol threats by Naushad and Dankan @ Javed are unaccompanied by any Arms Act case; appellant has one antecedent. Respondent no. 2 (Umesh Sah) was duly served notice but did not appear or contest; Spl. P.P. opposed the appeal. Held: the refusal order was set aside and the appeal allowed; appellant, on arrest or surrender within six weeks, to be released on anticipatory bail on bond of Rs. 10,000/- with two like sureties, subject to Section 482(2) BNSS conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1402 of 2024

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Arising Out of PS. Case No.-176 Year-2023 Thana- SATHI District- West Champaran

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

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Sheikh Munna @ Irshad @ Irshad Alam SON OF LATE KAMRUL ALAM RESIDENT OF VILLAGE- SEMARI PS- SATHI, DIST- WEST CHAMPARAN

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... ... Appellant/s

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Versus

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The State of Bihar

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UMESH SAH SON OF LATE MANGER SAH RESIDENT OF VILLAGEBHAGONA PS- SATHI, DISTT- WEST CHAMPARAN

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Dhannjay Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, Spl. PP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 07-10-2025

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Heard learned counsel for the appellant and

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learned Spl. P.P. for the State.

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This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 10.01.2024 in A.B.P. No. 3231 of 2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bettiah, West Champaran in connection with Sathi P.S. Case No. 176 of 2023 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 506 and 149 of the Indian Penal Code as well as Sections 3(1)(r)(s)

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Patna High Court CR. APP (SJ) No.1402 of 2024(4) dt.07-10-2025 2/4

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and 3(2)(v-a) of the SC/ST Act.

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Learned counsel for the appellant submits that appellant has antecedent of one case. It is further submitted that the case was taken up on 02.05.2024 and notices were issued on the respondent no. 2 and from perusal of the office report dated 21.05.2025, it would manifest that the same records that ordinary notice has been validly served on the respondent no. 2. It is next submitted that though respondent no. 2 accepted the notice, but then chooses not to appear and contest. It is next submitted that the informant alleges that he belongs to ST category and on 04.08.2023 he was preparing his land for planting when at about 04:00 PM, all accused persons came variously armed and stopped him from carrying on with his agricultural work and assaulted him and also abused by taking caste name and threatened to kill, further Khurshid Alam assaulted him by farsa causing injury on neck, thereafter all the accused persons assaulted him by lathi and danda and Naushad and Dankan @ Javed threatened with pistol to leave the land or he will be shot.

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Learned counsel for the appellant submits from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is

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Patna High Court CR. APP (SJ) No.1402 of 2024(4) dt.07-10-2025 3/4

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alleged to have taken place. It is next submitted that no specific allegation of assault is alleged against the petitioner though there is specific allegation of assaulting the informant by Khurshid Alam. It is also submitted that though it is alleged that Naushad and Dankan threatened him with pistol, but then the FIR has not been instituted under the arms act which casts an aspersion on the case of the prosecution.

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Learned Spl. P.P. for the State opposes the

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appeal.

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In view of the submissions made by the learned counsel for the appellant, the order dated 10.01.2024 in A.B.P. No. 3231 of 2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Bettiah, West Champaran in connection with Sathi P.S. Case No. 176 of 2023,

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is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sathi P.S. Case No. 176 of 2023 subject to the conditions as laid down

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Patna High Court CR. APP (SJ) No.1402 of 2024(4) dt.07-10-2025 4/4

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under Section 482 (2) of the BNSS.

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Accordingly the appeal stands allowed.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Sheikh Munna @ Irshad @ Irshad Alam v. The State of Bihar

Case brief

What is this about?

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Sheikh Munna @ Irshad @ Irshad Alam v. The State of Bihar

Case brief

What is this about?

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What the court decided

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