IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2839 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- SACHIVALAYA District- Patna ====================================================== 1. Payal Devi @ Payal Kumari Wife of Anuj chauhan Resident of Mohallah- Road No. 1 New Capital R Block, Near Mahavir Mandir (Dhobi ghat), Ps- Secretariate, Dist- patna At Present Residing at Mohalla- Krishnapuri Near Sant karens Primary School, Ps- Krishnapuri, Dist- Patna 2. Baghirath Kumar @ Baghirath Chauhan @ Baghirath Chaudhary Son of Umesh Chauhan Resident of Mohallah- Road No. 1 New Capital R Block, Near Mahavir Mandir (Dhobi ghat), Ps- Secretariate, Dist- patna At Present Residing at Mohalla- Krishnapuri Near Sant karens Primary School, Ps- Krishnapuri, Dist- Patna 3. Raushan Kumar Son of Ranjit Chauhan Resident of Mohalla- Mahamadpur, tola Beldariya, Ps- Sherpur, Dist- Naland at Present Residing at Secretatriate Colony, Ps- Secretariate, Dist- patna ... ... Appellant/s Versus 1. The State of Bihar bihar 2. Ashish Kumar son of Ravindra Rajak Resident of mohallah- Patthar Gali, Punaichak, Ps- Shastri Nagar, Dist- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Uday Kumar, Advocate For the Respondent/s : Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 20-11-2025 At the outset, learned counsel for the appellants submits that due to typographical error, father name of appellant no. 2 has wrongly been typed as Umesh Chauhan in place of Deonandan Chauhan in the petition. 2. Let the same be read as Deonandan Chauhan in place of Umesh Chauhan. Patna High Court CR. APP (SJ) No.2839 of 2025(3) dt.20-11-2025 2/4 3. Heard learned counsel for the appellants and learned Spl. P.P. for the State. 4. 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 31.05.2025 in A.B.P. No. 2090 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. Patna in connection with Sachiwalaya P.S. Case No. 67 of 2025 registered for the offences punishable under Sections 115 (2), 126 (2), 351 (2) and 303 (2) of the BNS, 2023 as well as Sections 3 (1) (r) & 3 (1) (s) of the SC/ST Act. 5. The case of the prosecution is that on 25.03.2025 at about 3:30 P.M. the respondent had hot talk with one Payal Devi. It is alleged that during this altercation, Payal Devi bit him with her teeth and thereafter lodged an FIR. It is further alleged that in the evening when the brother of the respondent was going home, one Ravi Kumar along with his associates pulled out the cart of the respondent’s brother and took away the cash from the cash box. It is further alleged that he was being assaulted. 6. Learned counsel for the appellant submits that the Patna High Court CR. APP (SJ) No.2839 of 2025(3) dt.20-11-2025 3/4 appellants have been falsely implicated in the instant case. It is further submitted that there is also a counter blast of this case which is referred in the FIR itself filed by one of the appellant, namely, Payal Devi. From perusal of the FIR, it is clear that there is specific allegation against Ravi Kumar who is not appellant in this case. It is further submitted that the second part of the FIR disclosed the occurrence of this case whereas the allegation of abused with caste name is in the first part of the FIR. It is further contended that no injury was caused to any one. 7. Learned Spl. P.P. for the State opposes the appeal. 8. In view of the submissions made by the learned counsel for the appellant, the order dated 31.05.2025 in A.B.P. No. 2090 of 2025 passed by the learned Exclusive Special Judge, S.C./S.T. Act, in connection with Sachiwalaya P.S. Case No. 67 of 2025 is hereby set aside and the appellants above- named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patna High Court CR. APP (SJ) No.2839 of 2025(3) dt.20-11-2025 4/4 Sachiwalaya P.S. Case No. 67 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. 9. Accordingly the appeal stands allowed. Jagdish/- (Ashok Kumar Pandey, J) U T