Md. Sahil Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1023 of 2026

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Arising Out of PS. Case No.-5 Year-2026 Thana- SC/ST District- Purnia

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Md. Sahil Son of Md. Sultan @ Md. Lukwa @ Lakakhu R/o Near Khuskibagh Block, P.S. - Sadar and Dist. - Purnea.

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Md. Kurban Son of Md. Khalil R/o Near Khuskibagh Block, P.S. - Sadar and Dist. - Purnea.

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... ... Appellant/s

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Versus

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The State of Bihar

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Anil Ram Son of Late Mahant Ram R/o Ranivari, Gulabbagh, P.S. - Sadar, Dist. - Purnea.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Md. Helal Ahmad, Advocate For the Respondent/s : Mr.Binay Krishna, APP For the Informant : Ms. Bharti Kumari, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 17-07-2026

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Heard learned counsel for the appellants, learned counsel for the informant/respondent no. 2 and learned Spl.PP 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 against the order dated 19.02.2026 passed by the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC & ST (PoA) Act, Purnea whereby and whereunder the prayer for anticipatory bail of the appellants was rejected in connection with SC/ST P.S. Case No. 05 of 2026, registered for the alleged offences under Sections 126(2), 115(2), 303(2), 352, 351(2), 3(5)

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Patna High Court CR. APP (SJ) No.1023 of 2026 dt.17-07-2026 2/4

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of the BNS and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

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As per the prosecution case, the appellants and other coaccused person assaulted the informant abusing him with his caste name and one of the appellants snatched silver chain worth Rs.5,000/- from the informant/respondent no. 2 and also took away Rs.2,500/- from his pocket.

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The learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. Learned counsel further submits that the informant had been trying to cheat the daughter of coaccused Md. Lukwa @ Md. Sultan and when the coaccused opposed his act, he assaulted him and the appellants who intervened. The informant and his associates also robbed and sexually assaulted the daughter of coaccused Md. Lukwa @ Md. Sultan for which a Complaint Case No. 153 of 2026 has been filed before the Court of learned CJM, Purnea. Learned counsel further submits that the informant is in habit of lodging false and fabricated case and has earlier lodged SC/ST PS Case No. 38 of 2021 and after taking money, he compromised the matter. Learned counsel further submits that the allegations are not believable that the appellants and other coaccused persons assaulted the informant at the gate of vakalatkhana without any reason or motive. It shows the falsity of

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Patna High Court CR. APP (SJ) No.1023 of 2026 dt.17-07-2026 3/4

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allegation. The FIR has also been instituted after delay of four days without any satisfactory explanation. The delay indicates the prosecution story is concocted. The appellant no. 1 is having clean antecedent whereas appellant no. 2 is having antecedent of one case.

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Learned Spl. PP and learned counsel appearing on behalf of the informant/respondent no. 2 vehemently oppose the submission made on behalf of the appellants. Learned counsel for the informant/respondent no. 2 submits that there is specific allegation against the appellants and other coaccused persons that they had publically abused the informant taking his caste name and also assaulted him and snatched his jwellery and cash.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of this case and also considering the previous conduct of the informant and further considering possibility of false accusation under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, let the appellants above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-1st-

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Patna High Court CR. APP (SJ) No.1023 of 2026 dt.17-07-2026 4/4

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cum-Special Judge, SC & ST Act, Purnea/court concerned in connection with SC/ST P.S. Case No. 05 of 2026, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions:

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(i) One of the bailors will be a close relative of the appellants.

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(ii) The appellants will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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