IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2266 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- CHORAUT District- Sitamarhi ====================================================== Rajesh Kumar Mishra @ Rajesh Kumar S/o Sri Malwar Mishra R/o Village- Yadupatti, PS- Choraut, District- Sitamarhi ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Sunita Devi D/o Mohit Paswan R/o vill - Parsa, P.S.- Harlakhi, distt.- Madhubani ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Madhusudan Rai For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 7 13-03-2026 Heard the parties. 2. This appeal is preferred against the order dated 15.05.2025 passed by the learned District & Additional Sessions Judge-1-cum- Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Choraut P.S. Case No. 53 of 2025 registered for the offence under Sections 126(2), 115(2), 109, 117(1), 118(2), 76, 352, 351(2), 3(5) of B.N.S. and under section 3(i)(r)(s)(w)(i) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellant has been rejected. 3. As per the prosecution case, appellant is accused of assaulting the victim with other accused persons. 4. Learned counsel for the appellant submits that the Patna High Court CR. APP (SJ) No.2266 of 2025(7) dt.13-03-2026 2/3 appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as petitioner is a government teacher and has been falsely implicated due to earlier dispute and therefore the application of the anticipatory bail is maintainable. 5. Learned counsel for the State and learned counsel for the informant have opposed the prayer of the appellant. 6. Considering the facts of the case and the rival submissions of the parties as well as the fact the appellant is a government servant, this appeal is allowed and accordingly, the order dated 15.05.2025 passed by the learned District & Additional Sessions Judge-1-cum- Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Choraut P.S. Case No. 53 of 2025, is hereby set aside. 7. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-1-cum- Special Judge, SC/ST (POA) Act, Sitamarhi /concerned Court below in connection with Choraut P.S. Case No. 53 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Patna High Court CR. APP (SJ) No.2266 of 2025(7) dt.13-03-2026 3/3 Criminal Procedure/482(2) of the BNSS. tusharika/- (Sandeep Kumar, J) U T