IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1925 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Ankaj Sao @ Ankaj Kumar Sao S/O Late Rajendra Sao Resident of village- Mohanganj barun, PS- barun, district- Aurangabad ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Mamta Devi W/O Sri Amit Chaudhary R/O Village-Barun Mohanganj,Ward no. 07,PS-Barun,Distt-Aurangabad(Bihar) ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sharad Kumar Verma, Adv. For the Respondent/s : Mr. Akhilesh Kumar Pandey, Adv. Mr. Binod Kumar Pandey, Adv. For the State : Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 04-09-2025 Heard learned counsel for the appellant, learned counsel for the informant 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 Atrocities) Act, 1989 against the rejection of prayer for bail of the appellant vide order dated 24.04.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge SC/ST, NDPS & Children Act, Aurangabad (Bihar) in connection with R.B. Application No. 338 of 2025 arising out of Barun P.S. Case No. 161 of 2025 dated 22.03.2025 registered for the alleged offences punishable under Sections 126(2), 115(2), 352, 351(2), Patna High Court CR. APP (SJ) No.1925 of 2025(3) dt.04-09-2025 2/4 74 read with Section 3(5) of the B.N.S. and Sections 3(1)(r)/ 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. As per prosecution case, on 21.03.2025, when the informant's daughter was sitting in her shop, in the meantime, the appellant and the co-accused persons came there and started abusing by calling her caste name and also asked her whether she withdrew the case or not and as soon as the informant came out of the house then all the accused persons started assaulting the informant with the intention to kill her. The co-accused, Rohit Sao assaulted the informant with an iron rod on her head but she tried to ward off the blow due to which she sustained injury on her fingers of the right hand and also sustained swelling in the back side of her head and she fell down on the ground. Thereafter, the co-accused, Sonu Sao and Ankaj Sao (appellant) assaulted the informant with lathi and the co- accused, Lalmati Devi assaulted her with hand-pipe then the people of vicinity came there and saved her. Thereafter, the injured was taken to the hospital for treatment. It is further alleged that in the year 2017, they committed marpit with her in respect of which Barun P.S. FIR No. 177/2017 was lodged by the informant and since she was not willing to compromise the Patna High Court CR. APP (SJ) No.1925 of 2025(3) dt.04-09-2025 3/4 case, they committed marpit with her, and assaulted her daughter, Nishra Kumari and Rajani Kumar also, who intervened to save her. They were also making threats to life. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. Nothing has been recovered from the conscious possession of the appellant. As per the injury report of the informant (Annexure-3), the injury is simple in nature caused by hard blunt substance. The appellant has one criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 23.03.2025. 5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail 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 24.04.2025 passed by the learned Additional Sessions Judge-I- Patna High Court CR. APP (SJ) No.1925 of 2025(3) dt.04-09-2025 4/4 cum-Special Judge SC/ST, NDPS & Children Act, Aurangabad (Bihar) in connection with R.B. Application No. 338 of 2025 arising out of Barun P.S. Case No. 161 of 2025, 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 Additional Sessions Judge-I-cum-Special Judge SC/ST, NDPS & Children Act, Aurangabad (Bihar) in connection with R.B. Application No. 338 of 2025 arising out of Barun P.S. Case No. 161 of 2025. Gautam/- (Chandra Prakash Singh, J) U T