Patna High Court
CR. APP (SJ)/2946/2025 of Guddu Khan @ Md. Sarfaraz Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2946 of 2025 Arising Out of PS. Case No.-529 Year-2022 Thana- DANAPUR District- Patna ====================================================== Guddu Khan @ Md. Sarfaraz S/O Md. Yasim @ Md. Yasim Khan @ Md. Yashin R/O Mohalla- Saguna More, Gandhi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2946 of 2025
Arising Out of PS. Case No.-529 Year-2022 Thana- DANAPUR District- Patna ======================================================
Guddu Khan @ Md. Sarfaraz S/O Md. Yasim @ Md. Yasim Khan @ Md.
Yashin R/O Mohalla- Saguna More, Gandhi Murti, Drivers Lane, P.S - Danapur, District - Patna
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Indu Devi W/o Santosh Paswan R/o Shaguna More, Gandhi Murti, Drivers Lane, P.S. - Danapur, District - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s
:
Mr. Ghanshyam Tiwary, Adv.
For the Respondent/s
:
Mr. Binay Krishna, Spl. PP
For the informant
:
Ms. Jyoti Kumari, Adv.
:
Mr. Ranjan Kumar Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-08-2026
1. Heard learned counsel for the appellant, learned Special P.P., Ms. Binay Krishna for the State and the learned counsel appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 23.06.2025 in A.B.P. No. 2538 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna in connection with Danapur P.S. Case No. 529 of 2022 registered for the offences punishable under Sections 147, 149, Patna High Court CR. APP (SJ) No.2946 of 2025(4) dt.17-08-2026
341, 323, 504, 354, 379 of the Indian Penal Code as well as Section 3(i)(r)(s) of the SC/ST Act.
3. Learned counsel for the appellant submits that appellant is a person with clean antecedent. It is next submitted that Md. Junaid Khan along with two others had approached this court seeking anticipatory bail by filing Criminal(SJ) No. 747 of 2023 and the same came to be allowed by an order dated 26.07.2023 passed by a learned the then coordinate bench. It is further submitted that case of the appellant is similar to the case of Md. Junaid and others. It is also submitted that appellant has been falsely implicated instant case by the informant and the informant alleges an on 10.06.2022 while she was returning to her house when she was intercepted by the accused persons including the appellant and they started abusing by taking caste name and also misbehaved with her but she managed to flee away from the place of occurrence and thereafter the accused persons again came to her house and started abusing and acted inappropriately and even snatched her chain and mangalsutra.
4. The learned counsel submits that allegation of abuse and assault is general and omnibus in nature.
5. Learned Special P.P. and learned counsel appearing on behalf of the informant oppose, but then are not in a position Patna High Court CR. APP (SJ) No.2946 of 2025(4) dt.17-08-2026
to rebut the submission of the learned counsel appearing on behalf of the appellant that similarly situated co-accused has been granted the privilege of anticipatory bail.
6. After hearing learned counsel for the parties and taking into consideration the submissions made by the learned counsel appearing on behalf of the appellant, the order dated 23.06.2025 is hereby set aside and the appellant above- named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Danapur P.S. Case No. 529 of 2022 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
krishna/- (Satyavrat Verma, J) U T