IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4278 of 2025 Arising Out of PS. Case No.-1020 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1. Guddu Miya @ Md. Ejaj Mansuri S/o Gonu Miya @ Md. Nijam @ Gonu Miya Md. Nijam R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 2. Md. Irfan S/o Late Md. Aashraf R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 3. Md. Hasharaf @ Md. Hasarat S/o Late Md. Aashraf R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 4. Tarun Khatoon @ Tarannum Pravin D/o Late Md. Asharaf R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 5. Pir Mohammad @ Md. Pir Mohammad S/o Late Md. Khalil R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 6. Samida Khatoon W/o Md. Nijam R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 7. Najo Khatoon W/o Md. Aakhatar R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 8. Md. Monu @ Md. Sohail S/o Md. Aafaruddin R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur 9. Lal Babu S/o Md. Aakhatar R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur ... ... Appellant/s Versus 1. The State of Bihar 2. Pawan Kumar S/o Late Lalbabu Chaudhri R/o village - Dadar Kolhua, Ward No. 12, P.S - Ahiyapur, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sunil Kumar Pandey, Advocate For the Respondent/s : Mr. Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 19-03-2026 1. Heard learned counsel for the appellants and learned Spl. P.P. for the State. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Patna High Court CR. APP (SJ) No.4278 of 2025(4) dt.19-03-2026 2/4 Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 08.09.2025 in A.B.P. No. 2763 of 2025 passed by the learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1020 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 303(2), 352, 49, 109 and 3(5) of the BNS as well as Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act. 3. Learned counsel for the appellants submits that from perusal of the office report dated 25.02.2026, it would manifest that the same records that the ordinary notice has been validly served on respondent no. 2. It is next submitted that respondent despite receiving notice chooses not to appear and contest. 4. Learned counsel for the appellants submits that the appellants are persons with clean antecedent and the informant alleges that on 20.07.2025 at 09:30 PM, while he was walking near his house when Guddu and Md. Shaban came and abused by taking caste name and started assaulting him and took Rs. 3,000/-, further informant along with his family members went to their house to complain when 13 named accused persons including the appellants abused and Guddu assaulted Patna High Court CR. APP (SJ) No.4278 of 2025(4) dt.19-03-2026 3/4 him by an iron rod causing injury on head while Md. Shaban assaulted Akash by rod causing injury on head, thereafter the accused persons assaulted those who came to save them. 5. The learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that from side of the appellants Ahiyapur P.S. Case No. 1019 of 2025 has been instituted against the side of the informant and others, as such, the instant FIR is a counterblast. It is further submitted that even presuming what has been alleged is true without admitting then the occurrence is alleged to have taken place at the house of the appellants as such was not in public view. It is further submitted that even allegation of assault is general and omnibus in nature except against Guddu and Shaban. It is further submitted that Shaban is not an appellant in the instant appeal and as far as Guddu is alleged though informant alleges that he assaulted by iron rod causing injury on head, but then the injury has been opined to be simple in nature. It is next submitted that the FIR instituted by the side of the appellants alleges that the informant and his side were selling liquor which was objected on account of which the side of the informant assaulted the side of the appellants. Patna High Court CR. APP (SJ) No.4278 of 2025(4) dt.19-03-2026 4/4 6. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellants. 7. In view of the submissions made by the learned counsel for the appellants, the order dated 08.09.2025 in A.B.P. No. 2763 of 2025 passed by the learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1020 of 2025, is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ahiyapur P.S. Case No. 1020 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 8. Accordingly, the appeal stands allowed. Rishabh/- (Satyavrat Verma, J) U