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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2491 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- DHANARUA District- Patna ======================================================
1. Alok Kumar S/O Upendra Kumar Verma R/O Vill.- Mahamdpur, P.s.- Dhanarua, Dist.- Patna.
2. Anish Kumar S/O Ravindra Verma R/O Vill.- Mahamdpur, P.s.- Dhanarua, Dist.- Patna.
3. Nitish Kumar @ Nishant Kumar S/O Ravindra Verma R/O Vill.- Mahamdpur, P.s.- Dhanarua, Dist.- Patna.
4. Ankit Kumar S/O Upendra Kumar Verma R/O Vill.- Mahamdpur, P.s.- Dhanarua, Dist.- Patna. ... ... Appellant/s Versus
1. The State of Bihar
2. Dipika Kumari W/O Rajesh Kumar R/O Mahmadpur, Pabhera, P.s.- Dhanarua, Dist.- Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Barun Prasad For the Respondent/s : Ms. Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 30-04-2026
1. Heard learned counsel for the appellants, learned Special P.P. Ms. Usha Kumari No.I for the State. No one appears on behalf of the respondent no.2.
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 16.04.2025 and 29.05.2025 in A.B.P. No. 1027/2025 and ABP No.1852/2025, arising out of Dhanarua P.S. Case
Patna High Court CR. APP (SJ) No.2491 of 2025(5) dt.30-04-2026 2/3 No.103/2025 passed by the learned Special Judge, SC/ST Patna registered under Sections 191(2), 191(3), 190, 115(2), 126(2), 110, 118(1), 351(2), 352 BNS, 2023 and Sections 3 (1), 3(1)(r) and 3(1)(s) of the SC/ST Act.
3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and the informant alleges that her husband was going to attend nature’s call when he was intercepted by the accused persons including the appellants, who abused him by taking caste name and even assaulted by bricks causing injury on head and when her nephew came to save him, accused persons also assaulted her nephew causing injury on head and snatched chain of the informant.
4. Learned counsel submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that allegation of abuse and assault is general and omnibus in nature i.e. no specific allegation of abuse and assault is alleged against the appellants. It is further submitted that fro side of the appellants Dhanarua P.S. Case No.102/2025 has been instituted by the appellant no.1 herein. It is also submitted that appellants are preparing for competitive examinations. It is further submitted that SC/ST Act is a stringent Act and the
Patna High Court CR. APP (SJ) No.2491 of 2025(5) dt.30-04-2026 3/3 nature of allegation is general and omnibus in nature, whether it would be prudent for the court to send the appellants to jail.
5. Learned Special Public Prosecutor opposes the appeal.
6. Considering the submissions, the order impugned is set aside. Let the appellants, above named, in the event of their arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. Accordingly, the impugned order is set aside and this appeal stands allowed.
amit/- (Satyavrat Verma, J) U T