IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5165 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- SC/ST District- Gaya ====================================================== 1. Ramesh Kumar @ Ramesh Yadav Son of Ramnandan Yadav Resident of village- Idinpur PS- Mau (tekari) Distt -Gaya 2. Fulendra Kumar @ Fulendra Yadav son of Late Ramnandan Yadav Resident of village- Idinpur PS- Mau (tekari) Distt -Gaya 3. Sunil Yadav son of Late Nardev Yadav @ Indradev Yadav Resident of village- Idinpur PS- Mau (tekari) Distt -Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Sarju chaudhary son of Rambriksh Chaudhary Resident of village- Idinpur PS- Mau (tekari) Distt -Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Yogesh Kumar, Advocate For the informant : Mr. Aryan Singh, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 3 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 20.11.2025 passed by learned Exclusive Special Judge, SC/ST, Gayaji, whereby the prayer for bail of the appellants in connection with SC/ST P.S. Case No. 01 of 2025, registered for the offences under Section 126(2), 115(2), 117(2), 39(3), 74, 351(2), 352 and 3(5) of the B.N.S. and Section 3(1) (r), 3(1)(s), 3(1)(w), 3(2)(v-a) of the SC/ST (POA) Act, was Patna High Court CR. APP (SJ) No.5165 of 2025(3) dt.17-07-2026 2/3 rejected. 3. As per the prosecution case, the allegation against the appellants is that they have assaulted the informant and his family members and also abused them by taking caste name. 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. The injury report is not available on the entire case record. The incident took place on 01.01.2025 and F.I.R. has been lodged on 03.01.2025 after inordinate delay of two days without explaining any plausible reason for such delay, which clearly shows afterthought of the informant. 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 have vehemently opposed the prayer for grant of bail to the appellants. Patna High Court CR. APP (SJ) No.5165 of 2025(3) dt.17-07-2026 3/3 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 20.11.2025 passed by learned Exclusive Special Judge, SC/ST, Gayaji, in connection with SC/ST P.S. Case No. 01 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 SC/ST P.S. Case No. 01 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