IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4216 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== 1. Ravi Kumar S/o- Bindeshwar Mahato R/v- Kiratpur Rajaram Ps- Bhagwanpur Dist- Vaishali 2. Sonu Kumar S/o- Bindeshwar Mahato R/v- Kiratpur Rajaram Ps- Bhagwanpur Dist- Vaishali 3. Kanchan Kumari W/o- Sonu Kumar R/v- Kiratpur Rajaram Ps- Bhagwanpur Dist- Vaishali 4. Bindeshwar Mahto S/o- Sagar Mahto R/v- Kiratpur Rajaram Ps- Bhagwanpur Dist- Vaishali 5. Putani Devi W/o- Bindeshwar Mahto R/v- Kiratpur Rajaram Ps- Bhagwanpur Dist- Vaishali ... ... Appellant/s Versus 1. The State of Bihar 2. Kaushalaya Devi W/o- Rajendra Ram R/v- Kiratpur Rajaram Ps- Bhagwanpur Dist- Vaishali ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pranav Kumar, Adv Mr. Rajeev Ranjan No. II, Adv Mrs. Priyanka Kumari, Adv For the Respondent/s : Ms. Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 3 23-02-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. This is an appeal under Sections 14(A)(2) of the SC/ST Act, 1989 against refusal of the prayer for anticipatory bail by order dated 18.09.2025 passed by the learned Court of Exclusive Special Judge-SC/ST Act cum District and Addl. Sessions Judge, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 227 of 2025 registered under Sections 126(2), 115, 352, 351(2), 74, 117, 3(5) of B.N.S. & Patna High Court CR. APP (SJ) No.4216 of 2025(3) dt.23-02-2026 2/3 Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act. of the Scheduled Castes and Scheduled Tribes Act. 3. The allegation in the F.I.R. as per the informant Kaushalaya Devi is that on 01.08.2025, when the informant was going, in the meantime, F.I.R. named accused persons surrounded her and abused in the name of caste and caught her hair lock and put in mud and tore her blouse causing her naked and assaulted her by means of lathi, brick due to which her left hand broked. On hulla, Manju Devi, Uma Devi came to rescue then all the accused persons also assaulted them and put on earth, tore their cloth and abused them in their caste name. 4. Learned counsel for the appellants submits that the appellants are innocent and have committed no offence. The appellants have falsely been implicated in the present case. There is no such occurrence has been taken place at the place of occurrence. He further submits that there is case and counter case between the parties. He further submits that the appellants have no criminal antecedent. 5. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for anticipatory bail of the appellants based upon the allegation made in the F.I.R. 6. On a perusal of the allegations levelled in the FIR, Patna High Court CR. APP (SJ) No.4216 of 2025(3) dt.23-02-2026 3/3 it transpires that there is a general and omnibus allegation levelled on the appellants of hurling abuse on caste lines without specifying as to the exact nature of the abuses also it transpires that it has nowhere been alleged that the incident occurred in full flare at public place, therefore, prima facie no case of SC/ST Act is made out. 7. Considering all these above-mentioned aspects, let the appellants, above named, in the event of their arrest to surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge-SC/ST Act cum District and Addl. Sessions Judge, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 227 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 8. Accordingly, the impugned order is set aside and this appeal stands allowed. kiran/- (Alok Kumar Sinha, J) U T