IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1455 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== 1. Harkesh Choubey S/o Late Jagdish Choubey @ Jagdish Narayan Choubey R/o vill - Duhouwna Bharathi, P.S.- Kateya, Distt.- Gopalganj 2. Ravindra Choubey S/o Late Jagdish Choubey R/o vill - Duhouwna Bharathi, P.S.- Kateya, Distt.- Gopalganj 3. Ashwani Kumar Choubey @ Ashwani Choubey S/o Harkesh Choubey R/o vill - Duhouwna Bharathi, P.S.- Kateya, Distt.- Gopalganj 4. Abhishek Choubey @ Golu Choubey S/o Harkesh Choubey R/o vill - Duhouwna Bharathi, P.S.- Kateya, Distt.- Gopalganj 5. Rajnikant Choubey S/o Mahatam Choubey R/o vill - Duhouwna Bharathi, P.S.- Kateya, Distt.- Gopalganj ... ... Appellant/s Versus 1. The State of Bihar 2. Ajit Yadav S/o Bullu Yadav R/o vill - Aashapur, Post an d P.S. - Sarnath, Distt.- Banaras (U.P), at present posted as Junior Engineer Electrical Supply Section, Kateya, Gopalganj ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Subhash Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 16-07-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 21.03.2025 passed by learned Additional Sessions Judge-XI- cum-Exclusive Special Judge SC/ST Act, Gopalganj in ABP No. 614 of 2025 arising out of Kateya P.S. Case No. 120 of 2025, registered under Sections 126(2), 115(3), 132, 303(2), 351, 352, 315 of the Bharatiya Nyaya Sanhita, Sections 135, 138 of the Patna High Court CR. APP (SJ) No.1455 of 2025(3) dt.16-07-2025 2/3 Electricity Act and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. Prosecution case, in brief, is that on receiving secret information regarding theft of electricity, a raid was conducted in the house of Rajnikant Chaubey and when departmental official began to make video of the proceeding, all the F.I.R. named accused persons snatched the mobile phone and abused them by caste name. It is further alleged that the accused persons also snatched Rs. 35,000/- and threatened to implicate them in false case. 4. It is submitted on behalf of appellants that appellants are innocent and have committed no offence. Allegation of assault is general and omnibus. Rest of the allegations are ornamental to make the case grave. Moreover, it is not the case of informant that alleged incident occurred within the public view as such, no offence under SC/ST Act is made out. Appellants claim clean antecedent. 5. However, learned Spl. Public Prosecutor appearing for the State vehemently opposed the bail application. 6. Considering the nature of accusation, I do not find any ground to interfere with the order of the learned court below Patna High Court CR. APP (SJ) No.1455 of 2025(3) dt.16-07-2025 3/3 and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected. Navya/- (Prabhat Kumar Singh, J) U T