IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2404 of 2025 Arising Out of PS. Case No.-234 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Akhilesh Kumar Sah @ Akhilesh Kumar S/O Raj Kumar Sah R/O Village- Koiriya Khas @ Koireya Khas, Police Station- Paru, District- Muzaffarpur ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Shyam Kumar @ Shyam Kumar Sah S/O Bindeshwar Sah R/O Village- Koiriya Khas @ Koireya Khas, Police Station- Paru, District- Muzaffarpur 3. Vikram Kumar Ram S/O Mahendra Ram R/O Village- Kodariya Mango, Police Station- Paru, District- Muzaffarpur ... ... Respondents ====================================================== Appearance : For the Appellant : Mr. Sanjay Kumar S.K. For the Respondent : Mrs. Sharda Kumari For the Informants : Mr. Mukesh Kr. Rana ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 07-08-2025 Heard learned counsel for the appellant, learned counsel for the informants and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 04.06.2025 passed by the learned Special Judge, SC/ST Act, Muzaffarpur in connection with Paru P.S. Case No. 234/2025 dated 07.05.2025 registered for the offence/s punishable u/s 126(2), 115(2), 109, 303(2), 324(4), 324(5), 352, 351(2) & (3) Patna High Court CR. APP (SJ) No.2404 of 2025(3) dt.07-08-2025 2/3 read with Section 3(5) of the B.N.S. and Sections 3(1)(r), 3(1)(s) of the SC/ST Act. 3. As per the prosecution case, when the marriage of the informant's daughter was going on suddenly anti-social elements of the village climbed on the stage and started molesting and assaulting and snatched briefcase containing Rs. 5 lacs. Thereafter, the appellant and the co-accused persons along with 5-7 unknown persons started assaulting the groom side and the co-accused, Om Prakash abused Vikram Kumar by calling caste name and assaulted him with sharp weapon, causing head injury and also assaulted Manish Kumar. The accused persons also destroyed nine vehicles of the groom side. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. Learned counsel has submitted that both the injuries are simple in nature caused by hard and blunt substance. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 09.05.2025. Patna High Court CR. APP (SJ) No.2404 of 2025(3) dt.07-08-2025 3/3 5. Learned Spl. P.P. for the State as well as learned counsel for the informants have vehemently opposed the prayer of bail by submitting that the specific allegation of assault is against the co-accused, Om Prakash. 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 04.06.2025 passed by the learned Special Judge, SC/ST Act, Muzaffarpur in connection with Paru P.S. Case No. 234/2025 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 Special Judge, SC/ST Act, Muzaffarpur in connection with Paru P.S. Case No. 234/2025. atul/- (Chandra Prakash Singh, J) U T