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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3741 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- SC/ST District- Saran ====================================================== Shivam Kumar @ shivam Ojha son of Lal Dev Ojha Resident Of Village- Maujegoa, Ps- Sahajitpur, Dist- Saran ... ... Appellant/s Versus The State of Bihar bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Harsh Anuj For the Respondent/s : Mr.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-03-2026 Heard the learned counsel for the appellant and learned APP for the State. Though notice was issued to the informant of this case, who is a government official but no counter affidavit has been filed on his behalf.
2. This appeal is preferred against the order dated 12.08.2025 passed by the learned Additional Special Judge, Saran at Chhapra in ABP No. 3076 of 2025 in connection with Saran SC/ST P.S. Case No. 24 of 2025 registered for the offence under Sections 115(2), 126(2), 118(1), 352, 3(5) of the BNS and under section 3(1)(r)(s) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, the informant has alleged that when he was doing Geotagging in Panchayat, the accused persons came to him and pressurized him to do
Patna High Court CR. APP (SJ) No.3741 of 2025(4) dt.12-03-2026 2/3 Geotagging of wrong house but when the informant refused to do the same, he was assaulted and was abused by caste name.
4. Learned counsel for the appellants submits that the 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 the occurrence has taken place because of village politics and therefore the application of the anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the prayer of the appellant.
6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that he is a member of SC/ST community and primarily, it appears to be a dispute because of village politics and the same has not been done because the informant is a member of SC/ST community, therefore, this application for grant of anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and accordingly, the order dated 12.08.2025, is hereby set aside.
8. 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)
Patna High Court CR. APP (SJ) No.3741 of 2025(4) dt.12-03-2026 3/3 each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Saran at Chhapra/concerned Court below in in connection with Saran SC/ST P.S. Case No. 24 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
Vikas/- (Sandeep Kumar, J) U