IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1892 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== 1. Jitendra Pandey S/O Late Bishram Pandey @ Vishram Pandey R/O Vill.- Budhaila, P.s.- Nawanagar, Dist.- Buxar. 2. Mantoo Pandey S/O Late Bishram Pandey @ Vishram Pandey R/O Vill.- Budhaila, P.s.- Nawanagar, Dist.- Buxar. 3. Raju Pandey S/O Late Bishram Pandey @ Vishram Pandey R/O Vill.- Budhaila, P.s.- Nawanagar, Dist.- Buxar. ... ... Appellant/s Versus 1. The State of Bihar 2. Mukesh Kumar @ Mukesh Gond S/O Upendra Gond R/O Vill.- Budhaila, P.s.- Nawanagar, Dist.- Buxar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajiv Ranjan Kumar Pandey, Adv. For the Respondent/s : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 5 17-10-2025 Heard learned counsel for the appellants and 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 19.04.2025 passed by the learned District and Additional Sessions Judge-1-cum-Special Judge SC/ST (PoA) Act, Buxar in connection with Nawanagar P.S. Case No. 310 of 2024 dated 11.12.2024 registered for the offence/s punishable u/s 115(2), 126(2), 109(1), 352, 351(2) read with Section 3(5) of the B.N.S. and 3(i)(r)(s) and 3(2)(va) of SC/ST Act. Patna High Court CR. APP (SJ) No.1892 of 2025(5) dt.17-10-2025 2/3 3. As per the prosecution case, on 11.12.2024, when the informant was unloading the sacks of paddy from a tractor, in the meantime, the appellants and the co-accused person, without any reason, started assaulting the informant with lathi and danda due to which his head, arm and back got severely injured and he became unconscious. Thereafter, the informant was taken to the Community Health Centre for treatment. 4. Learned counsel for the appellants has submitted that the appellants have falsely been implicated in this case due to ulterior motive. There is no specific allegation against the appellants rather the allegation of assault is general and omnibus in nature. It is further submitted that as per the injury report of the injured, the injured sustained three injuries out of which the injury no.1 is grievous in nature and the injury nos. 2 and 3 are simple in nature caused by hard and blunt object. There is no allegation of abusing against the appellants and hence, no offence under the provisions of SC/ST Act is made out against the appellants. The appellants have no concern with the alleged occurrence. The appellants have one criminal antecedent as stated at para 3 of the bail petition. The appellants are in custody since 17.03.2025. 5. Learned Spl.P.P. for the State has vehemently Patna High Court CR. APP (SJ) No.1892 of 2025(5) dt.17-10-2025 3/3 opposed the prayer of bail of the appellants. 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 appellants, the impugned order dated 19.04.2025 passed by the learned District and Additional Sessions Judge-1-cum-Special Judge SC/ST (PoA) Act, Buxar in connection with Nawanagar P.S. Case No. 310 of 2024 is set aside against the appellants. The criminal appeal is allowed. 7. Accordingly, the above named appellants, are directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-1-cum-Special Judge SC/ST (PoA) Act, Buxar in connection with Nawanagar P.S. Case No. 310 of 2024, with a condition:- (i) The appellant are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellants are liable to be cancelled. shivam/- (Chandra Prakash Singh, J) U T