IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2611 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- EKMA District- Saran ====================================================== 1. Mithlesh Yadav Son of Birla Yadav Village- Hussepur, Ps- Ekma, Dist- Chapra Saran 2. Yogendra Yadav @ Yogindra yadav son of Kamal yadav Village- Hussepur, Ps- Ekma, Dist- Chapra Saran 3. Mithilesh Pandit son of Dipnarayan Yadav @ Dipnarayan Pandit Village- Hussepur, Ps- Ekma, Dist- Chapra Saran 4. Anuj Yadav @ Anuj Kumar Yadav Son of Rambabu Yadav Village- Hussepur, Ps- Ekma, Dist- Chapra Saran 5. Vikash yadav @ Vikash Kumar yadav Son of Harishankar yadav Village- Hussepur, Ps- Ekma, Dist- Chapra Saran 6. Arbind Yadav @ Arbind Kumar son of Yogendra Yadav Village- Hussepur, Ps- Ekma, Dist- Chapra Saran 7. Ankit Pandit @ Ankit Kumar Pandit Son of Shivpujan Pandit Village- Hussepur, Ps- Ekma, Dist- Chapra Saran ... ... Appellant/s Versus 1. The State of Bihar 2. Sursati Devi Wife of Nandkishor Ram Village- Hussepur, Ps- Ekma, Dist- Chapra Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rabindra Kumar Tiwary, Advocate For the Respondent/s : Mr. Usha Kumari 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 3 26-02-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor appearing for the State. Although the notice has been validly served upon respondent No.2, there is no representation on his behalf. 2. At the very outset, learned counsel for the Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026 2/5 appellant seeks permission to add alias name in the father’s name of appellant no. 3. 3. Permission is accorded. 4. This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 19.06.2025 passed by learned Court of Exclusive Special Judge Saran, Chapra, in connection with Ekma P.S. Case No. 175 of 2025 registered under Sections 126(2), 115(2), 303(2), 79 and 3(5) of B.N.S. and Sections 3(1)(r)(s)/3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of anticipatory bail of the appellants has been rejected. 5. As per the prosecution case, the informant, namely Sursati Devi, alleged that on 30.04.2025, a wedding procession was arrived at the neighbour’s house for a ceremony. While barat was on the way, the accused person climbed on tractor with vulgar songs and started vulgar activity. On being opposed by the informant’s son, the appellants and the co- accused persons abused and started beating him, anyhow her son saved himself and came his house. Thereafter, the appellants and the co-accused persons armed with stick, iron rod and knife Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026 3/5 attacked on her house and assaulted all family members of the informant due to which all were injured. She further alleged that Arbind Yadav (appellant no.6) tore her cloth due to which she became half nacked and when Chanda Devi came to save her, Anuj Yadav (appellant no.4) tore her cloth due to which she also became half nacked. It is further alleged that co-accused persons Anand Yadav, Punita Kumari and Rinki Kumari snatched two gold chains worth of Rs. 47,000/-. It is further alleged that all the accused persons threatened the informant because she belongs to scheduled caste and helpless woman and also threatened that if she lodged any case then the accused persons would set fire to her house. 6. Learned counsel for the appellants submits that the appellants are innocent and have not committed any offence. He further submits that the appellant nos. 2 to 5 and 7 have no criminal antecedent and appellant nos. 1 and 6 have one criminal antecedent as stated in para-3 of this appeal. It is further submitted that the dispute arose on the question of playing objectionable songs during course of barat which resulted into quarrel. The offence under Section 303(2) appears to be an exaggerated version by the side of the informant which is only non-bailable sections of B.N.S. in the case. It is further Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026 4/5 submitted that there is no allegation of abuse with caste name rather it has been alleged that since the ladies of the prosecution parties belong to scheduled castes, they have been subjected to such assault. He further submits that there is delay of five days in lodging the FIR. Hence, the impugned order may be set aside and the appellants may be granted the privilege of anticipatory bail. 7. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for grant of anticipatory bail to the appellants but has fairly conceded that there is no abuse. 8. Considering the entire facts and circumstances of the case and also the fact that there is no allegation of abuse within public view, let the above named appellants, in the event of their arrest/surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge Saran, Chapra, in connection with Ekma P.S. Case No. 175 of 2025 subject to the conditions laid down under Section 482(2) of the B.N.S.S. 9. Accordingly, this appeal is allowed and the impugned order dated 19.06.2025 rejecting the prayer for grant Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026 5/5 of anticipatory bail to the appellants is set aside. shivam/- (Praveen Kumar, J) U T