IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3881 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- SC/ST District- Lakhisarai ====================================================== 1. Ganauri Yadav @ Gendhari Yadav @ Genari Yadav son of Lakhan Yadav Resident Of Village- Sangrampur Ward no. 11, Post- Sangrampur, Ps- chanan, Dist- Lakhisarai 2. Sadhu yadav @ Shubham Yadav @ Shrawan yadav son of Saryug Yadav Resident Of Village- Sangrampur Ward no. 11, Post- Sangrampur, Ps- chanan, Dist- Lakhisarai 3. Santosh Kumar son of Mathura Yadav Resident Of Village- Sangrampur Ward no. 11, Post- Sangrampur, Ps- chanan, Dist- Lakhisarai 4. Jhaman Yadav @ Shyam sunder Son of Saryug yadav Resident Of Village- Sangrampur Ward no. 11, Post- Sangrampur, Ps- chanan, Dist- Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar 2. Kali charan Kumar son of Kaishua Manjhi Resident Of Village- Bhandar, Ward no. 5 Post- Sangrampur, Ps- chanan, Dist- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Mukesh Kumar For the Respondent/s : Mr.Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 22-04-2026 1. Heard learned counsel for the appellants and learned Spl. P.P. 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 referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 20-8-2025 in A.B.P. No. 921 of 2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Lakhisarai in connection with Lakhisarai SC/ST P.S. Case No. 5 of 2025 registered for the offences Patna High Court CR. APP (SJ) No.3881 of 2025(3) dt.22-04-2026 2/3 punishable under Sections 126(2), 115, 352 and 3(5) of the BNS as well as Sections 3(1)(r), 3(i)(s) and 3(2)(Va) of the SC/ST Act. 3. Learned counsel for the appellants submits that despite receiving notice, the respondent no. 2 chooses not to appear and contest. 4. Learned counsel for the appellants next submits that appellant nos. 1 and 2 have antecedent of one case and appellant nos. 3 and 4 are persons with clean antecedent and the informant alleges that on 9-2-2025 at 7 pm the appellants on an Auto were returning home in an intoxicated condition and near Sewak Asthan, they abused his children and women by taking caste name and even assaulted, further on alarm, the informant came to the place of occurrence, when appellants assaulted him by rod and belt, further also assaulted Surendar, Birbal and Ajay by rod and belt, who came to the place of occurrence on hearing alarm. 5. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that allegation of abuse and assault is general and omnibus in nature, Patna High Court CR. APP (SJ) No.3881 of 2025(3) dt.22-04-2026 3/3 when SC/ST Act is a stringent Act. It is also submitted that this perhaps explains why respondent no. 2 despite receiving notice chooses not to appear and contest. It is further submitted that though allegation is that appellants were in an intoxicated condition but then the case has not been instituted under the Excise Act. 6. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellants. 7. Considering the aforesaid facts, let the appellants above-named, in the event of their 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) each 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