IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.642 of 2025 Arising Out of PS. Case No.-239 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== 1. Preem Kumar @ Prem Kumar S/O Sri Shivbalak Chauhan R/O Vill.- Ganichak, P.S.- Asthawan, Dist.- Nalanda. 2. Sashi Kumar @ Sashi Ratan Kumar S/O Shiv Ratan Chauhan R/O Vill.- Ganichak, P.S.- Asthawan, Dist.- Nalanda. ... ... Appellant/s Versus 1. The State of Bihar 2. Tetari Kumar W/O Umesh Paswan R/O Vill.- Nijampur, P.S.- Asthawan, Dist.- Nalanda. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rudal Singh, Adv. For the Respondent/s : Mr.Usha Kumari 1, Spl.P.P. For the Informant/s : Mr. Rohit Raj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 5 15-05-2025 Heard learned counsel for the appellants 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 30.01.2025 passed by the learned Additional Sessions Judge- VIth-cum-Exclusive Special Court, SC/ST Act, Biharsharif, Nalanda in connection with Asthawan P.S. Case No. 239 of Patna High Court CR. APP (SJ) No.642 of 2025(5) dt.15-05-2025 2/3 2024 dated 13.10.2024 registered for the offence/s punishable u/s 191(2), 190, 126(2), 115(2), 352, 117(2), 109 of B.N.S. and Section 27 of the Arms Act and Section 3(1)(r)(s) of SC/ST Act. 3. As per the prosecution case, the appellants and the co-accused persons are alleged to have assaulted the informant’s son with iron rod and the co-accused Dayanand Chauhan opened fire and abused the informant’s son by calling his caste name. 4. Learned counsel for the appellants has submitted that the appellants have falsely been implicated in this case due to ulterior motive. There is case and counter-case between the parties. There is general and omnibus allegation against the appellants. The specific allegation of firing is against the co- accused Dayanand Sahni. 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 criminal antecedent as stated at para 3 of the bail petition. The appellant no.1 is in custody since 08.01.2025 and the appellant no.2 is in custody since 13.01.2025. 5. Learned Spl. P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of bail of the appellants. Patna High Court CR. APP (SJ) No.642 of 2025(5) dt.15-05-2025 3/3 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 30.01.2025 passed by the learned Additional Sessions Judge- VIth-cum-Exclusive Special Court, SC/ST Act, Biharsharif, Nalanda in connection with Asthawan P.S. Case No. 239 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 Additional Sessions Judge-VIth-cum-Exclusive Special Court, SC/ST Act, Biharsharif, Nalanda in connection with Asthawan P.S. Case No. 239 of 2024. shivam/- (Chandra Prakash Singh, J) U T