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HIGH COURT OF PATNA
Mr. Justice Anjani Kumar Sharan
MUZAFFAR – Appellant
Versus
The State – Respondent
CR. APP (SJ)/4416/2021
A person accused of an offence under the SC/ST Act is entitled to bail if the allegations against him are general and omnibus in nature, and there is no specific overt act against him.
Headnote:
BAIL - SC/ST ACT - [Appellant granted bail in a case under the SC/ST Act where the allegations were general and omnibus in nature, and there was no specific overt act against him. The court noted that the occurrence took place on account of a land dispute and that several similarly situated co-accused persons had been granted bail.]
Fact of the Case:
The appellant was arrested in connection with a case under the SC/ST Act, alleging that he and other accused persons had surrounded the village of the informant, abused the residents in the caste name, assaulted them, set their houses on fire, and snatched their ornaments.
Finding of the Court:
The court found that the allegations against the appellant were general and omnibus in nature, and there was no specific overt act against him. The court also noted that the occurrence took place on account of a land dispute and that several similarly situated co-accused persons had been granted bail.
Issues: Whether the appellant should be granted bail in a case under the SC/ST Act where the allegations were general and omnibus in nature, and there was no specific overt act against him.
Ratio Decidendi: The court held that the appellant was entitled to bail as the allegations against him were general and omnibus in nature, and there was no specific overt act against him. The court also noted that the occurrence took place on account of a land dispute and that several similarly situated co-accused persons had been granted bail.
Final Decision: The court allowed the appeal and directed the appellant to be released on bail.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4416 of 2021
Arising Out of PS. Case No.-148 Year-2021 Thana- BAISI District- Purnia
======================================================
MUZAFFAR Son of Late Nazeer Resident of Village- Niyamatpur Majhua,
P.S.- Baisi, District- Purnea.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s
:
Mr.Ram Prawesh Kumar, Adv.
For the Respondent/s
:
Mr.Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2
11-01-2022
Heard learned counsel for the appellant and learned Special
Public Prosecutor for the State through virtual mode.
Learned counsel for the appellant undertakes to remove the
defects as pointed out by the office, within four weeks of
resumption of normal court proceedings. In the eventuality of
non-removal of defects within the undertaken period, the office
will place the matter before the Bench.
This is an appeal under section 14(A)(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act
(hereinafter in short referred to as the ‘SC/ST Act’) against the
refusal of prayer for bail vide order dated 04.10.2021, passed by
learned Additional Sessions Judge, 1st -cum- Special Judge,
SC/ST Act, Purnea, in connection with Baisi P.S. Case No.148 of
Patna High Court CR. APP (SJ) No.4416 of 2021(2) dt.11-01-2022
2/3
2021 (Special SC/ST Case No.84/2021), registered under sections
147, 148, 149, 341, 323, 324, 307, 354(B), 379, 435, 436, 363,
504, 506 of the IPC and sections 3(1) (e) (g) (r) (s) (w) (z)/ 3(2)
(iii) (iv) (v) (va) of SC/ST (POA) Act.
The prosecution case in brief, is that due to an altercation
with regard to land, FIR named accused persons along with 100 to
150 unknown persons armed variously surrounded the village of
the informant, abused the residents in the caste name and
assaulted them. It is alleged that the accused persons set the
houses on fire and snatched the ornaments of the residents.
It is submitted by learned counsel for the appellant that the
appellant is quite innocent and has not committed any offence. He
has been falsely implicated in this case due to village politics. No
such occurrence as alleged has ever taken place in the manner
alleged. The appellant has neither been apprehended on the spot
nor any incriminating article has been recovered from his
conscious physical possession. There is no specific overt act
against the appellant rather the allegations are general and
omnibus in nature. It is clear from the FIR itself that the
occurrence took place on account of an altercation arisen out of a
land dispute and the allegation of abusing the informant’s side is
not specific upon any of the accused persons. Hence, no offence
Patna High Court CR. APP (SJ) No.4416 of 2021(2) dt.11-01-2022
3/3
under SC/ST Act is made out against the appellant. Several
similarly situated co-accused persons have been granted bail by
the different co-ordinate Benches of this Court vide Cr. Appeal
(SJ) No.3372 of 2021, Cr. Appeal (SJ) No.3947 of 2021 and Cr.
Appeal (SJ) No.3695 of 2021. The appellant has one criminal
antecedent and has been languishing in custody since 26.05.2021.
Since, there is no specific allegation of abusing the
informant is attributed upon the appellant and the fact that the
occurrence took place on account of a land dispute, hence, there is
no requirement of issuing notice to the informant, which is other
wise required in a case under the SC/ST Act.
In the facts and circumstance of the case, the above named
appellant 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 Additional
Sessions Judge, 1st -cum- Specia
