IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3280 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KADIRGANJ District- Patna ====================================================== 1. Bullu Yadav @ Bullu Prasad S/O Shivlal Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 2. Kamlesh Prasad S/O Shivlal Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 3. Shivam Kumar @ Sippu S/O Kamlesh Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 4. Golu Kumar S/O Kamlesh Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 5. Dipu Kumar S/O Sanjeet Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 6. Abhishek Kumar @ Karu Prasad S/O Sanjeet Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 7. Lal Bahadur Prasad S/O Late Siya Sharan Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 8. Shivlal Prasad S/O Late Siya Sharan Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 9. Bam Prasad @ Bam Bahadur Prasad S/O Late Siya Sharan Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 10. Raushan Kumar S/O Bam Prasad @ Bam Bahadur Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 11. Dhiraj Kumar S/O Late Ravindra Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. 12. Ravi Kumar S/O Raju Prasad R/O Village - Lodipur, P.O. - Dewan, P.S.- Kadirganj, Patna, Bihar. ... ... Appellant/s Versus 1. The State of Bihar 2. Harihar Paswan S/O Late Jhunjhun Paswan R/O Village- Lodipur, P.O- Dewan, P.S- Kadirganj, Dist.- Patna, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mrityunjay Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 04-05-2026 1. Heard learned counsel for the appellants, learned Patna High Court CR. APP (SJ) No.3280 of 2025(3) dt.04-05-2026 2/4 Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant. 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 16.07.2025 in A.B.P. No. 2182 of 2025 passed by the learned Exclusive Special Judge, SC/ST Act, Patna in connection with Kadirganj P.S. Case No. 22 of 2025 registered under Sections 191(2), 115(2) and 126(2) of the BNS as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act. 3. Learned counsel appearing on behalf of the appellants submits that appellants no. 1, 2, 7 and 8 have antecedent of one case, appellant no. 9 has antecedent of two cases and rest of the appellants are persons with clean antecedent and the informant alleges that on 10.02.2025, at about 03:00 p.m., the appellants were demolishing the wall of a temple by khanti and when the informant objected, all the accused started throwing bricks causing injury on the informant’s leg and one Kamlesh Paswan also sustained injury. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the Patna High Court CR. APP (SJ) No.3280 of 2025(3) dt.04-05-2026 3/4 informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is general and omnibus in nature. It is next submitted that even the injury report of the injured is not on record and the informant does not allege that he was abused by caste name or the occurrence took place on account of the fact that he belongs to the SC/ST Community. 5. Learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the appellants but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the appellants that allegation of assault is general and omnibus in nature. 6. Considering the submissions made by the learned counsel appearing on behalf of the appellants, 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 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 in connection with the aforesaid case, subject to the conditions as laid down under Section Patna High Court CR. APP (SJ) No.3280 of 2025(3) dt.04-05-2026 4/4 438(2) of the Cr.P.C./482(2) of the B.N.S.S. 7. Accordingly, the impugned order is set aside and this appeal stands allowed. Kundan/- (Satyavrat Verma, J) U T