IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1486 of 2024 Arising Out of PS. Case No.-176 Year-2023 Thana- SATHI District- West Champaran ====================================================== 1. Khurshed Alam S/o Late Sk. Salauddin R/o vill - Semari, P.s - Sathi, Distt. - West Champaran 2. Md. Ilias Sk. @ Sk. Aliyas S/o Late Islam R/o vill - Semari, P.s - Sathi, Distt. - West Champaran 3. Nawsad Asraf S/o Late Sk. Salauddin R/o vill - Semari, P.s - Sathi, Distt. - West Champaran 4. Sk. Wasim @ Wasi Ahmed S/o Late Sk. Jainul R/o vill - Semari, P.s - Sathi, Distt. - West Champaran 5. Sudama Mahto S/o Late Ramrup Mahto R/o vill - Bhajanna, P.s. - Sathi, Distt. - West Champaran 6. Sk. Zafir S/o Sk. karaish R/o vill - Baswariya, P.S. - Sathi, Distt. - West Champaran 7. Sk. Barkat @ Md. Barkat S/o Sk. Kuraish R/o vill - Baswariya, P.S. - Sathi, Distt. - West Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Umesh Sah S/o Late Maneger Sah R/o vill - Bhagauna, P.s. - Sathi, Distt. - West Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sarvesh Kashyap For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 24-09-2025 Heard the learned counsel for the appellants and the learned Special P.P. Mr. Binay Krishna. No one appears on behalf of the respondent no.2. 2. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 10.01.2024 passed by the learned Additional District and Sessions Judge-1st-cum-Special Judge (SC/ST), Bettiah, West Champaran, Patna High Court CR. APP (SJ) No.1486 of 2024(3) dt.24-09-2025 2/4 in connection with Sathi P.S. Case No. 176 of 2023, registered under Sections 147, 341, 323, 324, 307, 504, 506, 149 of the Indian Penal Code as well as Sections 3(1) (r) (s), 3 (2) (v-a) of the Scheduled Castes and Scheduled Tribes Act. 3. Learned counsel for the appellants after some argument seeks permission to withdraw the appeal with respect to appellant no.1, namely, Khurshed Alam. 4. Permission is accorded. 5. Learned counsel appearing on behalf of the appellants submits that appellant no.1 and 7 have antecedent of two cases, appellant no.5 has antecedent of four cases and rest of the appellants are persons with clean antecedent. It is next submitted that some of the cases have been instituted from the side of the informant and the informant alleges that on 04.08.2023 at about 4.00 P.M, while he was preparing his land for planting the crops when all the accused persons including the appellants came variously armed and stopped him from carrying on with his agricultural work and even assaulted him, further Khurshed Alam assaulted the informant by legs and stopped him to plough the field and threatened him to kill, thereafter Khurshed assaulted the informant by farsha causing injury on neck, thereafter all the accused assaulted him by lathi, danda and Naushad and Ashraf along with Dukhan pointed pistol. Patna High Court CR. APP (SJ) No.1486 of 2024(3) dt.24-09-2025 3/4 4. Learned counsel appearing on behalf of the appellants submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the informant is against Khurshed. It is next submitted that as far as other appellants are concerned, the allegation against them are general and omnibus in nature. It is further submitted that the FIR does not even remotely suggest that the occurrence was witnessed by any independent witnesses. It is next submitted that on account of dispute relating to land, the parties are on litigating term. 5. Learned Special Public Prosecutor opposes the prayer for anticipatory bail of the appellants. 6. Considering the submissions of the learned counsel for the appellants, the order impugned is set aside. Let the appellants, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5000/- (rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 7. Accordingly, the impugned order is set aside and Patna High Court CR. APP (SJ) No.1486 of 2024(3) dt.24-09-2025 4/4 this appeal stands allowed. amit/- (Satyavrat Verma, J) U T