IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No. 5019 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- SC/ST District- Vaishali ====================================================== 1. Md. Sarfraj S/o Md. Mumtaz @ Mumtaj Ahmad, Resident of village-Goraul, P.S. Garaul, District-Vaishali. 2. Md. Faiyaz S/o Late Anwarul Haque R/o vill - Goraul, P.S.- Goraul, Distt.- Vaishali 3. Md. Jawed S/o Late Nayeem R/o vill - Goraul, P.S.- Goraul, Distt.- Vaishali ... ... Appellant/s Versus 1. The State of Bihar 2. Mala Devi W/o Sanjay Choudhary R/o vill - Goraul, P.S.- Goraul, Distt.- Vaishali ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Santosh Kumar, Advocate For the Informant : Mr. Satya Prakash Sinha, Advocate Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr.Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 5 17-07-2026 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the informant/Respondent No. 2. 2. The instant appeal has been filed by the appellants against the order dated 11.09.2025 passed by learned Exclusive Special Judge, SC/ST, Act-cum-District and Additional Sessions Judge, Vaishali at Hajipur, whereby the prayer for bail of the appellants in connection with Hajipur SC/ST P.S. Case No. 58 of 2025, registered for the offences under Sections 126(2), 115(2), 305(a), 324(2), 352, 351(2) and 3(5) of the B.N.S. and Sections 3(i)(r)(s) and 3(2)(v-a) of the SC/ST (POA) Act, was Patna High Court CR. APP (SJ) No. 5019 of 2025(5) dt.17-07-2026 2/3 rejected. 3. As per the prosecution, FIR has been lodged against 21 named accused persons including the appellants with allegation that all accused persons were moving with procession of Tajiya of Moharram on the road, then one of the accused Md. Phool Babu (not appellants) abused the informant by taking her caste name and assaulted her and looted ornaments from her house and also threatened her. 4. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. He further submitted that the allegation against the appellants are general and omnibus in nature. There is no overt act against the appellants. He further submitted that specific allegation of using abusing words is against co-accused Md. Phool Babu. He further submitted that the appellants have clean antecedent. Learned counsel for the appellants further submits that the appellants have not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against them. The appellants have no intention to disgrace the image of the informant in public view. 5. Learned Special P.P. for the State and the informant Patna High Court CR. APP (SJ) No. 5019 of 2025(5) dt.17-07-2026 3/3 have vehemently opposed the prayer for grant of bail to the appellants. 6. Considering the aforesaid facts and circumstances of the case and the fact that there is general and omnibus allegation has been made against the appellants, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 11.09.2025 passed by learned Exclusive Special Judge, SC/ST, Act-cum-District and Additional Sessions Judge, Vaishali at Hajipur, in connection with Hajipur SC/ST P.S. Case No. 58 of 2025, is hereby set aside. 7. let the Appellants above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur SC/ST P.S. Case No. 58 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. manish/- (Alok Kumar, J) U T