If there is a land dispute between the parties, the appeal for anticipatory bail is maintainable.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1459 of 2022

Arising Out of PS. Case No.-214 Year-2021 Thana- TURKAULIYA District- East

Champaran

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

MOHAMMAD AZAD @ MUNNA @ MUNNA ANSARI Son of

Mohammad Zafar Ansari Resident of Village - Ward n o.05, Neura Masjid,

Tikauta, P.S.- Turkauliya, Distt.- east Champaran.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR

2.

Raj Deo Paswan Son of Late Mahavir Paswan Resident of Village -

Madhopur, P.S.- Turkauliya, Distt.- East Champaran.

... ... Respondent/s

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

Appearance :

For the Appellant/s

:

Mr.Dhurendra Kumar

For the Respondent/s

:

Mr.Sadanand Paswan

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

3

04-01-2023

Heard learned counsel for the appellants and learned

Spl.P.P. for the State.

Despite valid service of notice and filing of vakalatnama,

nobody appears on behalf of respondent no.2.

Learned counsel for the appellant is directed to remove

the defect(s) pointed out by the office within four weeks.

This is an appeal under section 14A (2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities)

Amendment Act, 2015 (hereinafter in short referred to as the

‘SC/ST Act’) against the refusal of prayer for anticipatory bail

vide order dated 06.04.2021, passed by learned 1^st Additional

Sessions Judge-cum-Special Judge, SC/ST Act, East Champaran

Patna High Court CR. APP (SJ) No.1459 of 2022(3) dt.04-01-2023

2/3

at Motihari, in connection with Turkauliya P.S. Case No.214 of

2021, registered u/s 323/341/327/385/504/506/34 of the IPC and

sections 3(i), (A)(r)(s)/3(ii)(va) of the SC/ST Act.

Allegedly, while the informant was doing construction

work in his newly purchased land, all the accused persons

including the appellant came there and stopped the construction

work and demanded three lakhs from each person. It is further

alleged that by saying caste name, assaulted, abused the

informant.

It is submitted by learned counsel for the appellant that

the appellant is innocent and has not committed any offence. No

such occurrence, in the manner as alleged has ever taken place.

Appellant has been falsely implicated in the case with frivolous

allegation. It is submitted that there is land dispute between the

parties. It is submitted that no offence under the SC/ST Act is

made out against the appellant as there is no specific overt act

against the appellant to have abused the informant rather there is

general and omnibus allegation against all the accused person.

Relying upon the judgment of the Apex Court in the case of

Hitesh Verma vs. State of Uttarakhand & Anr. reported in 2020

(10) SCC 710, it is submitted that if there is a land dispute

between the parties, the appeal for anticipatory bail is

Patna High Court CR. APP (SJ) No.1459 of 2022(3) dt.04-01-2023

3/3

maintainable. Appellant has no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail

by submitting that appellant in association with other accused

persons abused the informant by taking caste name.

Considering the facts and circumstances of the case, since

there is a land dispute between the parties, let the appellant

named above, in the event of his arrest or surrender before the

learned Court below within a period of six weeks from today, is

directed to be released on bail on furnishing bail bond of

Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the

like amount each to the satisfaction of the learned 1^st Additional

Sessions Judge-cum-Special Judge, SC/ST Act, East Champaran

at Motihari, in connection with Turkauliya P.S. Case No.214 of

2021, subject to the condition as laid down under section 438 (2)

of the Cr.P.C.

Accordingly, the impugned order is set aside and this

appeal is allowed.

pallavi/-

(Anjani Kumar Shar