Shamim Ansari vs The State Of Bihar
2021 Latest Caselaw 3409 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.1016 of 2021
         Arising Out of PS. Case No.-36 Year-2020 Thana- SAKATPUR District- Darbhanga
     ======================================================

1. Shamim Ansari, Male, Aged about 42 years, Son of Eshak Ansari

2. Md. Zubair Ansari, Male, Aged about 31 years, Son of Jamil Ansari

3. Abdulla @ Gulam Mohammad Abdulla, Male, Aged about 20 years, Son of Lal Mohamad Ansari All Serial No. 1 to 3 are resident of Village -Kathara, P.S. - Sakatpur, District

- Darbhanga.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Durga Nand Jha, Advocate For the State : Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the appellants on

12.07.2021, which was allowed.

3. Heard Mr. Durga Nand Jha, learned counsel for the

appellants and Mr. Sadanand Paswan, learned Special Public

Prosecutor (hereinafter referred to as the 'Spl. PP') for the State.

4. The present appeal is directed against the order

dated 16.10.2020 passed by the learned 1st Additional Sessions

Judge-cum-Special Judge (POA Act), Darbhanga in ABP No.

1186 of 2020 by which the prayer for anticipatory bail of the

appellants has been rejected.

Patna High Court CR. APP (SJ) No.1016 of 2021 dt.16-07-2021

5. The appellants apprehend arrest in connection with

Sakatpur PS Case No. 36 of 2020 dated 11.06.2020, instituted

under Sections 147/148/341/323/379/307/354(B)/504/506 of the

Indian Penal Code and 3(1)(s) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter referred to as the 'SC/ST Act').

6. The allegation against the appellants, who are

among 23 named accused is of assault and specifically against

co-accused Mustafa Ansari, who is said to have assaulted the

informant with lathi on the head due to which she sustained

injuries and thereafter against the other accused, including the

appellants, it is general and omnibus of assault by lathi, danda

fists and slaps.

7. Learned counsel for the appellants submitted that as

per the allegation itself the she-buffalo of the informant is said

to have entered into the agricultural field of co-accused Etwari

Ansari, who initially abused the informant and objected and

thereafter co-accused Mustafa Ansari is said to have assaulted

by lathi on the head of the informant. Thus, it was submitted

that no allegation is made out under the SC/ST Act as it was the

agricultural field and not an open public place and there is no

allegation that any other person was there. Moreover, on merits,

it was submitted that all persons have been made accused for a

petty incident with mala fide intention only to exert pressure on Patna High Court CR. APP (SJ) No.1016 of 2021 dt.16-07-2021

them so that the informant is not asked to compensate for the

damage caused to the agricultural field of the accused due to her

she-buffalo entering into the field of co-accused Etwari Ansari.

Learned counsel submitted that the appellants have no other

criminal antecedent and similarly situated co-accused Sadrul

Ansari, Jannat Ansari, Niyaz Ansari and Manzer Ansari have

been granted bail by the co-ordinate bench by order dated

27.11.2020 in Criminal Appeal (SJ) No. 1798 of 2020 as they

had been arrested within a few days of the incident.

8. Learned Spl. PP submitted that as per the FIR, they

were also part of the mob. However, it was not controverted that

the injury on the informant is specifically attributed to co-

accused Mustafa Ansari.

9. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the appellants be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned 1st Additional Sessions Judge-cum-Special Judge

(SC/ST), Darbhanga in Sakatpur PS Case No. 36 of 2020,

subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further (i) that one of the

bailors shall be a close relative of the appellants, (ii) that the Patna High Court CR. APP (SJ) No.1016 of 2021 dt.16-07-2021

appellants and the bailors shall execute bond and give

undertaking with regard to good behaviour of the appellants,

and (iii) that the appellants shall cooperate with the Court and

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or non-cooperation shall lead to

cancellation of their bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the appellants, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

appellants.

11. Accordingly, the appeal stands allowed. The order

dated 16.10.2020 passed by the learned 1st Additional Sessions

Judge-cum-Special Judge (POA Act), Darbhanga in ABP No.

1186 of 2020 is set aside.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T