IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.701 of 2025 Arising Out of PS. Case No.-351 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Musaharu Ray @ Ram Prasad Ray Son of Chandi Ray @ Chandrika Ray Resident of Village - Bhramarpur, Marwa Jairampur, P.S. - Bihpur, District - Bhagalpur. As per F.I.R. the age of the appellant is 56 years, but in the impugned order his age is 75 years, but the real age as per adhar card 66 years ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Manoj Rishidev Son of Late Kartik Rishidev Resident of Budhma Tola, Orai, Ward No.10, P.S.- Udakishunganj, District - Madhepura ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajnish Kumar Singh Mr. Anil Kumar For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 5 31-07-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14A(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 07.01.2025 passed by the learned Additional District and Sessions Judge,1st-Cum- Special Judge, SC/ST Act, Madhepura in connection with Udakishunganj P.S. Case No. 351/2022 dated 20.10.2022 registered for the offence/s punishable u/s 302 and Patna High Court CR. APP (SJ) No.701 of 2025(5) dt.31-07-2025 2/3 120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v)/3(2)(va) of the SC/ST Act. 3. As per the prosecution case, the appellant and the co-accused persons along with unknown miscreants came to the house of the informant holding iron rod, threenut and started abusing by calling caste name. In the meantime, the co-acused, Shivnarayan Sharma ordered the accused persons to kill the informant's father. On hearing this, the co-accused, Kelu Mandal, Kailash Singh and Uday Singh fired from their pistols due to which the informant's father died. Thereafter, the co- accused Fhulchand Singh and Gajendra Singh again ordered to fire if he is not dead. Thereafter, all the accused persons threatened them and abused them by calling their caste name. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. There is general and omnibus allegation against the appellant. The specific allegation of firing is against the co-accused persons, Kelu Mandal, Kailash Singh and Uday Singh. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 09.11.2024. Patna High Court CR. APP (SJ) No.701 of 2025(5) dt.31-07-2025 3/3 5. Learned Spl. P.P. for the State has 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 07.01.2025 passed by the learned Additional District and Sessions Judge,1st-Cum- Special Judge, SC/ST Act, Madhepura in connection with Udakishunganj P.S. Case No. 351/2022 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 District and Sessions Judge,1st-Cum- Special Judge, SC/ST Act, Madhepura in connection with Udakishunganj P.S. Case No. 351/2022, with further condition:- (i). The appellant is 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 appellant are liable to be cancelled. atul/- (Chandra Prakash Singh, J) U T