Patna High Court - Orders
Md. Yunish vs The State Of Bihar on 25 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No. 3747 of 2022
Arising out of PS. Case No.-9 Year-2018 Thana- SC/ST District- Kishanganj
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1. Md. Yunish S/o Abdul Gaffar R/o Village- Bhola Basti, P.S.- Powakhali,
Distt- Kishanganj.
2. Md. Jamal S/o Abdul Gaffar R/o Village- Bhola Basti, P.S.- Powakhali,
Distt- Kishanganj.
3. Sahab Babu @ Abdul Kadir S/o Late Iliyas R/o Village- Bhola Basti, P.S.-
Powakhali, Distt- Kishanganj.
4. Lal Babu @ Ali Akbar S/o Late Iliyas R/o Village- Bhola Basti, P.S.-
Powakhali, Distt- Kishanganj.
5. Nurul S/o Maniruddin R/o Village- Leliha, P.S.- Bahadurganj, Distt- Kis-
hanganj.
6. Md. Islam S/o Maniruddin R/o Village- Leliha, P.S.- Bahadurganj, Distt-
Kishanganj.
7. Ojer @ Md. Wajir S/o Hazrat Ali R/o Village- Leliha, P.S.- Bahadurganj,
Distt- Kishanganj.
8. Rashid S/o Hazrat Ali R/o Village- Leliha, P.S.- Bahadurganj, Distt- Kis-
hanganj.
9. Safiur Rahman S/o Hazrat Ali R/o Village- Leliha, P.S.- Bahadurganj, Distt-
Kishanganj.
... ... Appellant/s
Versus
1. The State of Bihar
2. Surendra Lal Das Late Hari Lal Das R/V- Rupadah, P.S.- Poukhali, Dist-
Kishanganj.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Subhash Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Sp. PP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 25-02-2026Heard learned counsel for the appellants and learned Special P.P. for the State.
2. The instant appeal has been preferred on behalf of the appellants for setting aside the order dated 01.06.2020 Patna High Court CR. APP (SJ) No.3747 of 2022(4) dt.25-02-2026 2/3 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, Kishanganj in connection with Kis- hanganj SC/ST P.S. Case No. 09 of 2018 (Complaint Case No. 12 of 2019) instituted for the offences under Sections 341, 323, 324 and 506/34 of the Indian Penal Code and Sections 3(1)(r)(s) (u) of SC/ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail has been rejected.
3. The allegation is that on 12.07.2018 at 8.00 A.M. the informant and his brothers were ploughing the fields. The accused persons came there and threatened them to leave the place. They also abused that which Government has given them Red Card. They were also assaulted by the accused persons.
4. Learned counsel for the appellants submits that the dispute arose out of land dispute. The informant filed Complaint Case No. 465M of 2019 under Section 144 Cr.P.C. in which Cr. Revision was dismissed and the appellants have peaceful pos- session of the land.
5. Learned counsel for the State vehemently opposed the prayer for bail of the appellants.
6. Considering that dispute arose out of land dispute and also that the informant filed Complaint Case No. 465M of 2019 under Section 144 Cr.P.C. in which Cr. Revision was dis-
Patna High Court CR. APP (SJ) No.3747 of 2022(4) dt.25-02-2026 3/3 missed and the appellants got peaceful possession of the land, this appeal is allowed. Accordingly, the order dated 01.06.2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, Kishanganj in connection with Kis- hanganj SC/ST P.S. Case No. 09 of 2018 (Complaint Case No. 12 of 2019), is hereby set aside.
7. Let the appellants, in the event of their arrest or sur- render within four weeks from today, be released on bail on fur- nishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, Kishanganj in connection with Kishanganj SC/ST P.S. Case No. 09 of 2018 (Complaint Case No. 12 of 2019), subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
(Ansul, J) Vikash/-
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