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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1930 of 2025 Arising Out of PS. Case No.-186 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Abhishek Kumar @ Sonu Kumar Son of Vijay Prasad @ Vijay Singh Village- Tali, Ps- Belaganj, dist- Gaya ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar Sinha For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 06-07-2026
1. Heard learned counsel for the appellant and learned Spl. P.P. for the State, Binay Krishna.
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 15-4-2025 in A.B.P. No.102 of 2025 passed by the learned Exclusive Judge S.C./S.T. (POA) Act, Gaya in connection with Belaganj P.S. Case No. 186 of 2023 registered for the offences punishable under Sections 147, 149, 323, 341, 307, 353, 504, 385, 379 and 411 of the Indian Penal Code, 3(2) (va) of the SC/ST (POA) Act, section 21 MM (D & R) Act and rule 56 of BM Rule, 2021.
3. Learned Spl. PP submits that the informant, who is
Patna High Court CR. APP (SJ) No.1930 of 2025(4) dt.06-07-2026 2/3 a police officer, has been informed about the instant case.
4.
Learned counsel for the appellant submits that appellant is a person with clean antecedent and as per the prosecution case, it is alleged that the appellant and the co- accused persons were loading sand illegally on the tractor at Falgu River and when police reached the place of occurrence, they fled with the tractor but then police seized JCB machine, thereafter the accused persons came and formed an unlawful assembly, thereafter got the seized JCB and one accused released and also abused the informant by taking caste name and pelted stones and thus created hindrance in discharge of official duties.
5.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the instant case by the informant. It is next submitted that Rajesh Kumar Yadav along with others had approached this Court seeking anticipatory bail by filing Cr. Appeal (SJ) No. 4105 of 2023 and the same came to be allowed by an order dated 23-8-2024 passed by a learned Co-ordinate Bench. It is further submitted that the case of the appellant, if not akin, is similar to the case of Rajesh Kumar Yadav and others.
6. Learned Spl. P.P. for the State opposes the prayer
Patna High Court CR. APP (SJ) No.1930 of 2025(4) dt.06-07-2026 3/3 for anticipatory bail of the appellant.
7. After hearing learned counsel for the parties and taking into consideration the order dated 23-8-2024 in Cr. Appeal (SJ) No. 4105 of 2023, let 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 the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS.
8. Accordingly, the impugned order is set aside and the appeal stands allowed.
Sumit/- (Satyavrat Verma, J) U T