IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4030 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1. Rajgrih Yadav @ Rajgrihi Yadav S/o Late Sunar Yadav @ Sundar Singh R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 2. Indal Yadav S/o Narayan Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 3. Radhe Yadav S/o Sukhraj Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 4. Sudarshan Yadav S/o Kishun Yadav Village- Ramgarh PS- Bhagwanpur District- Kaimur 5. Pattu Yadav S/o Narayan Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 6. Amarjeet Yadav S/o Narayan Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 7. Badan Yadav S/o Sukhraj Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 8. Shivparsan Yadav@ Shivparsan Singh S/o Late Ramayan Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 9. Kishun Yadav S/o Late Sunar Yadav @ Sundar Singh R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 10. Anil Yadav S/o Kishun Yadav R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur 11. Narayan Yadav S/o Late Sunar Yadav @ Sundar Singh R/o Village- Ramgarh, PS- Bhagwanpur, District- Kaimur ... ... Appellant/s Versus 1. The State of Bihar 2. Dhanawati Devi W/o Chandramani Ram R/o Village- Chuwan, P.O. - Umapur, P.S.- Bhagwanpur, Distt.- Kaimur ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Rajesh Kumar Pathak, Advocate For the State : Mr. Sadanand Paswan, Spl.PP For the Informant : Mr. Parwej Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6 09-07-2026 Heard learned counsel appearing for the appellants, Patna High Court CR. APP (SJ) No.4030 of 2025(6) dt.09-07-2026 2/4 learned Special Public Prosecutor appearing for the respondent- State and learned counsel appearing for the informant/Respondent No. 2. 2. This appeal has been filed for setting aside order dated 28.08.2025 passed in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 117(2), 109, 352 and 351(2) of the B.N.S. and Sections 3(1)(r)(s) and 3(2)va of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of anticipatory bail of these appellants has been rejected. 3. The prosecution case, in brief, is that on 10.08.2025, all these accused-appellants, abused son of informant by caste name and assaulted him. When informant, along with Prince Kumar and Kamlesh Kumar, went to rescue, they were also assaulted and abused with caste based slurs. 4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. As a matter of fact, cattle of Appellant No. 1 grazed the field of informant which led to free fight between the parties in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been Patna High Court CR. APP (SJ) No.4030 of 2025(6) dt.09-07-2026 3/4 levelled against these appellants. It is further submitted that it is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against these appellants. Appellants claim clean antecedents. 5. Learned Spl. P.P. appearing for the respondent-State and learned counsel appearing for the informant/Respondent No. 2 have vehemently opposed the prayer for grant of bail to the appellants. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and clean antecedents of the appellants, this appeal is allowed and the impugned order dated 28.08.2025 passed by the learned Additional Sessions Judge-1st- cum-Special Judge, Kaimur at Bhabua in connection with A.B.P. No. 1702 of 2025 arising out of Bhagwanpur P.S. Case No. 194 of 2025 is hereby set aside with respect to these appellants only. 7. Accordingly, let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each Patna High Court CR. APP (SJ) No.4030 of 2025(6) dt.09-07-2026 4/4 with two sureties of the like amount each to the satisfaction of learned Special Judge (S.C./S.T. Act)-cum-Additional Sessions Judge-1st, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 194 of 2025. shashank/- (Prabhat Kumar Singh, J) U T