Allowed

Md. Akbar v. The State of Bihar

Patna HC24 Jul 2025CR. APP (SJ)/248/2024

Case brief

AI extract

What is this about?

Appeal against rejection of anticipatory bail in a case of alleged caste abuse, assault and disrobing linked to a land dispute. Considering the nature of accusations and delay in lodging the FIR, the court granted anticipatory bail to all appellants on bail-bonds with two sureties.

What did the court decide?

Appellants to be enlarged on anticipatory bail on bail-bonds of Rs. 10,000 each with two sureties of like amount; impugned rejection order dated 07.12.2023 set aside as to these appellants.

Md. Akbar Vs The State of Bihar — Caste Atrocities | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.248 of 2024

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Arising Out of PS. Case No.-252 Year-2023 Thana- JOGBANI District- Araria

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

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Md. Akbar S/O Late Md. Jhatkan R/O Village- Fena Belahi, Ward No. 11, Ps. Jogbani (BATHNAHA) Dist. Araria.

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Md. Anwar S/O Late Md. Jhatkan R/O Village- Fena Belahi, Ward No. 11, Ps. Jogbani (BATHNAHA) Dist. Araria.

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Md. Saddam S/O Md. Akbar R/O Village- Fena Belahi, Ward No. 11, Ps. Jogbani (BATHNAHA) Dist. Araria.

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Md. Feku @ Md. Manjar @ Manjar S/O Md. Akbar R/O Village- Fena Belahi, Ward No. 11, Ps. Jogbani (BATHNAHA) Dist. Araria.

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Md. Chhotu @ Md. Sahim @ Sahim S/O Md. Akbar R/O Village- Fena Belahi, Ward No. 11, Ps. Jogbani (BATHNAHA) Dist. Araria.

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Md. Kari @ Sarfaraj @ Md. Sarfaraz S/O Md. Akbar R/O Village- Fena Belahi, Ward No. 11, Ps. Jogbani (BATHNAHA) Dist. Araria.

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Md. Qurban S/O Md. Bijla @ Sakmsad R/O Village- Sahbazpur, Ward No. 1, Ps. Jogbani (BATHNAHA), Dist. Araria.

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Md. Karim S/O Md. Jamil R/O Village- Sahbazpur, Ward No. 1, Ps. Jogbani (BATHNAHA), Dist. Araria.

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... ... Appellant/s

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Versus

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The State of Bihar

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Jangali Khan S/O Late Tafezul Khan Village- Bhag Kohaliya, Ps. Forbesganj, Dist. Araria

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Gopal Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor For the Informant : Mr. Rohit Kumar, Mr. Ravi Kumar Sinha, Mr. Sanjay Kumar Sharma, Advocates ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 24-07-2025 Heard learned counsel for the parties.

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This appeal has been filed against the order dated

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07.12.2023 passed by learned 1^st Additional Sessions Judgecum-Special Judge, Araria in ABP No. 2939 of 2023 in

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Patna High Court CR. APP (SJ) No.248 of 2024(3) dt.24-07-2025 2/3

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connection with Jogbani (Bathnaha) P.S. Case No. 252 of 2023, registered under Sections 147, 149, 341, 323, 448, 379, 354(B), 504, 506 of the Indian Penal Code and Section 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.

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As per prosecution case, on 04.08.2023, all the F.I.R. named accused persons, including these appellants, assaulted and abused informant by caste name and threatened to rape his daughter and kill everyone if informant did not vacate the house. Further allegation is that on 01.10.2023, appellant nos. 1, 2 & 3 disrobed the daughter of informant and snatched her chain and earrings.

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Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in this case due to land dispute. Allegation of assault is general and omnibus. F.I.R. has been lodged after inordinate delay of 23 days without any plausible explanation which itself raises doubt over veracity of the prosecution case. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against appellants.

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Patna High Court CR. APP (SJ) No.248 of 2024(3) dt.24-07-2025 3/3

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Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application.

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Considering the nature of accusation and delay in lodging the F.I.R., let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 1^st Additional Sessions Judgecum-Special Judge, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 252 of 2023.

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Accordingly, this criminal appeal is allowed and impugned order dated 07.12.2023 is set aside with respect to these appellants only.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Md. Akbar v. The State of Bihar

Case brief

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Md. Akbar v. The State of Bihar

Case brief

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