IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3836 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- SC/ST District- Saharsa ====================================================== Rishabh Swarnkar @ Rishav Raj S/O Sanjay Kumar Swarnkar RESIDENT OF VILLAGE- KRISHNA NAGAR MAHABIR CHOWK WARD NO 20/34, P.S. AND DIST.- SAHARSA. ... ... Appellant/s Versus 1. The State Of Bihar PATNA 2. Sangita Devi W/O Sanjay Rajak RESIDENT OF VILLAGE- KRISHNA NAGAR MAHABIR CHOWK WARD NO 20/34, P.S. AND DIST.- SAHARSA. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Chandra Mohan Jha, Adv. For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P. For the Informant/s : Mr. Dhananjay Kumar Singh, Adv. Mr. Samrendra Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 25-09-2025 Heard learned counsel for the appellant and learned counsel for the informant as well as learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 04.09.2025 passed by the learned Additional Sessions Judge- 1st-cum-Special Judge SC/ST Act, Saharsa in connection with SC/ST P.S. Case No. 41 of 2025 dated 16.08.2025 registered for Patna High Court CR. APP (SJ) No.3836 of 2025(2) dt.25-09-2025 the alleged offences punishable u/s 126(2), 115(2), 109, 352, 351(2) read with Section 3(5) of the B.N.S. and Section 3(1)(r) (s), 3(2)(v) of SC/ST Act. 3. As per the prosecution case, when the informant was sitting near her house, in the meantime, the appellant and the co-accused Ritik Swarnkar armed with illegal weapons came and abused and assaulted the informant with an intention to kill. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. There is no specific allegation against the appellant rather the allegation against the appellant is general and omnibus in nature. It is further submitted that the matter has been compromised between the parties and the informant has filed a permission and compromise petition before the concerned court. A copy of the certified copy of the compromise petition is annexed as Annexure-2 with the bail petition. It is further submitted that the informant did not receive any injury. There is no allegation of abuse against the appellant and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The appellant has three criminal antecedents as stated at para 3 of the bail petition. The appellant Patna High Court CR. APP (SJ) No.3836 of 2025(2) dt.25-09-2025 is in custody since 19.08.2025. 5. Learned Spl.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of bail. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 04.09.2025 passed by the learned Additional Sessions Judge- 1st-cum-Special Judge SC/ST Act, Saharsa in connection with SC/ST P.S. Case No. 41 of 2025 is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st-cum-Special Judge SC/ST Act, Saharsa in connection with SC/ST P.S. Case No. 41 of 2025. shivam/- (Chandra Prakash Singh, J) U T