IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2529 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- MANER District- Patna ====================================================== 1. Deepak Kumar S/O Devendar Mahto @ Lalu R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 2. Srikant Kumar @ Chandra Prakash S/O Birendar Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 3. Prabhat Kumar @ Prabhat Uday S/O Birendar Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 4. Devendar Mahto @ Devendar Kumar S/O Chandeshwar Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 5. Prusottam Kumar S/O Kameshwar Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 6. Kameshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 7. Nageshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 8. Bhuneshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna 9. Chandeshwar Mahto S/O Late Shiv Nandan Mahto R/o vill- Gyashpur, P.S.- Maner, Distt.- Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Kanhai Kumar S/O Late Moti Lal Ram R/O Gayashpur, Ps-Maner, Distt- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Amresh Kumar Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Special PP For the Informant : Mr. Shambhu Sharan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 6 30-06-2026 1. Heard learned counsel for the appellants, learned Special P.P. for the State and the learned counsel appearing on behalf of the informant. 2. This is an appeal under Section 14-A(2) of the Patna High Court CR. APP (SJ) No.2529 of 2025(6) dt.30-06-2026 2/4 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 28.05.2025 in A.B.P. No. 2155 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna Sadar in connection with Maner P.S. Case No. 220 of 2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 117(2), 109 and 352 of the BNS, 2023 as well as Section 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellants submits that appellants have antecedent of one case and the informant alleges that on 15.03.2025 at about 04:30 PM, he along with his friends were going to play Holi and when they reached near the house of Purushotam Mahto when 12 named accused persons including the appellants came and started abusing by taking caste name and thereafter Purushotam assaulted the informant by butt of pistol causing injury behind his left ear and Prabhat assaulted by rod causing injury on right hand and thereafter all the accused assaulted by lathi and rod. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the Patna High Court CR. APP (SJ) No.2529 of 2025(6) dt.30-06-2026 3/4 allegation as alleged in the FIR, it would manifest that allegation of assault and abuse as far as appellants are concerned, the same is general and omnibus in nature except appellant nos. 3 and 5. It is also submitted that though allegation of abuse is alleged, but then the FIR does not disclose who abused the informant. It is also submitted that it does not appear probable that all accused in one go would have abused the informant. 5. Learned Special P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the appeal. The learned counsel appearing on behalf of the informant submits that fardbayan of the informant was recorded at PMCH, Patna and there is specific allegation against appellant nos. 3 and 5 of assaulting the informant causing injury behind left ear and on hand. 6. In view of the submissions made by the learned counsel for the appellants, the order dated 28.05.2025 in A.B.P. No. 2155 of 2025, is hereby set aside only with respect to appellant nos. 1, 2, 4, 6, 7, 8 and 9 and 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) Patna High Court CR. APP (SJ) No.2529 of 2025(6) dt.30-06-2026 4/4 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 Maner P.S. Case No. 220 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. However, the Court is not inclined to extend the privilege of anticipatory bail to the appellant nos. 3 and 5. 8. Accordingly, the appeal stands partly allowed. Rishabh/- (Satyavrat Verma, J) U T