IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3874 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== 1. Meena Devi W/O Deena Chaudhary R/O Village- Saristapur, Ward No-12, PS- Athmalgola, District- Patna. 2. Ram Kishun Sahani @ Ram Kishun Chaudhary S/O Vilas Sahani @ Ram Vilas Chaudhary R/O Village- Saristapur, Ward No-12, PS- Athmalgola, District- Patna. 3. Sudama Sahani S/O Vilas Sahani @ Ram Vilas Chaudhary R/O Village- Saristapur, Ward No-12, PS- Athmalgola, District- Patna. 4. Man Singh Sahani @ Rajesh Kumar S/O Karu Sahani R/O Village- Saristapur, Ward No-12, PS- Athmalgola, District- Patna. 5. Dularchand Sahani @ Dularchand Chaudhary S/O Lakhan Sahani R/O Village- Saristapur, Ward No-12, PS- Athmalgola, District- Patna. ... ... Appellant/s Versus 1. The State of Bihar 2. Kailendra Paswan S/O Late Babu Lal Paswan R/O Village- Sahistapur, Ward No. 12, P.S- Athmalgola, Distt.- Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Ms.Bindu Kumari For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 05-05-2026 1. Heard learned counsel for the appellants and learned Spl. P.P. for the State, Sri Binay Krishna. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 20-8-2025 in A.B.P. No. 3417 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna in Patna High Court CR. APP (SJ) No.3874 of 2025(3) dt.05-05-2026 2/3 connection with SC/ST Athmalgola P.S. Case No. 230 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2) and 3(5) of the BNS as well as Section 3(2) (va) of the SC/ST Act. 3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and appellant no. 1 is a woman and the informant alleges that on 27-6-2025 at 8 pm, he was going to his new house, when mistakenly touched the feet of Meena, who started abusing, thereafter Ramkishun, Sudama, Man Singh and Dularchand came and assaulted him by lathi and bricks causing injury on head, further accused persons also assaulted his son Gaurav, who came to save him. 4. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that allegation of assault is not specific and the informant does not allege that he was abused by taking caste name. It is further submitted that appellants have been issued notice under Section 35(3) BNSS, but then it is submitted that the Division Bench of this Hon’ble Court in Cr. Misc No. 65700 of 2025 (Mohammad Raja vs, the State of Bihar & Anr.) has held by judgement dated Patna High Court CR. APP (SJ) No.3874 of 2025(3) dt.05-05-2026 3/3 16-12-2025 that even after issuance of notice under Section 41(A) Cr.P.C/35(3) BNSS, anticipatory bail is maintainable. It is thus submitted that no doubt notice under Section 35 BNSS has been given to the appellants but then police may arrest despite the fact that allegation of assault is not specific. 5. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellants. 6. Considering the aforesaid facts, let the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the impugned order is set aside and the appeal stands allowed. Sumit/- (Satyavrat Verma, J) U T