IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1635 of 2025 Arising Out of PS. Case No.-475 Year-2024 Thana- DHANARUA District- Patna ====================================================== Sonu Yadav S/o Sakaldeo Yadav @ Doman Yadav R/o Vill.- Budhuramchak, P.S.- Dhanarua, Distt.- Patna ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Sangam Kumar S/o Mithilesh Manjhi R/o Vill. and P.O.- Pabhera, P.S.- Dhanarua, Distt.- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar Pandey For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 07-08-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 27.03.2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Patna in Special Case No. 104 of 2025, Serial No. 348 of 2024 arising out of Dhanarua P.S. Case No. 475 of 2024 dated 19.08.2024 registered for the offence/s punishable u/ss 126(2), 115(2), 109(1), 352, 351(3) read with section 3(5) of the Indian Penal Code, 27 of the Arms Act and sections 3(1)(r)(s) / 3(2) (v)(a) of the SC/ST (POA) Act. Patna High Court CR. APP (SJ) No.1635 of 2025(4) dt.07-08-2025 2/3 3. As per the prosecution case, the appellant and the co-accused persons are alleged to have abused and assaulted the informant by calling his caste name and they also started firing with intention to kill causing bullet injuries to him and one Kundan Kumar. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under SC/ST Act. As per the impugned order, the injuries are stated to be simple in nature. The appellant has one criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 09.01.2025. 5. Learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 27.03.2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Patna in Special Case No. 104 of 2025, Patna High Court CR. APP (SJ) No.1635 of 2025(4) dt.07-08-2025 3/3 Serial No. 348 of 2024 arising out of Dhanarua P.S. Case No. 475 of 2024, is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST (POA) Act, Patna in Special Case No. 104 of 2025, Serial No. 348 of 2024 arising out of Dhanarua P.S. Case No. 475 of 2024. guddukr/- (Chandra Prakash Singh, J) U T