IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3473 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- SHERGHATI District- Gaya ====================================================== 1. Dharmendra Sahani S/o Late Ram Baran Sahani Residents of Mohalla- Nai Bazar, Police Station- Sherghati, District- Gaya 2. Mithlesh Sahani S/o Late Dwarik Sahani Residents of Mohalla- Nai Bazar, Police Station- Sherghati, District- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Golu Kumar S/o Santosh Das R/o vill - Nai Bazar, P.S.- Sherghati, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ujjawal Kumar Singh For the Respondent/s : Mr. Binay Krishna- Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 08-09-2025 1. Heard the learned counsel for the appellants and the learned Special Public Prosecutor for the State. 2. The appellants have challenged the order dated 04.07.2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Gaya in connection with ABP No.179 of 2025 arising out of Sherghati P. S. Case No.54 of 2025, instituted for the offences under Sections 115(2), 126(2), 127(2), 351(2), 352, 109, 324(4), 303(2), 3(5) of the B.N.S. and Section 3(i)(r)(s)/3(2)(Va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby their prayer for grant of anticipatory bail has been rejected. Patna High Court CR. APP (SJ) No.3473 of 2025(2) dt.08-09-2025 2/3 3. The learned counsel for the appellants submits that appellants are persons with clean antecedent. It is next submitted that informant alleges while he was going to block crossing where the accused persons were waiting for him from before. Further, the accused persons caught him and brought him to a room where Dharmendra and Mithilesh ordered to assault on account of which, Ranjeet and Sujit assaulted him brutally after tying his hands and legs, on account of assault the informant suffered fracture of right hand, the fingers of left got broken and even left leg got fractured apart from injury on the head. Further, Dharmendra snatched his mobile and broke the same and accused also abused by taking his caste name. Further, the accused persons thinking that informant is dead threw his body near a river from where his family members reached on coming to know about the occurrence and took him to the hospital where his fard-bayan was recorded. 4. The learned counsel for the appellants submits that allegation of assault is not specific rather appellants have been implicated in the case as order giver. It is also submitted that no reason for the occurrence is alleged. 5. The learned Special P.P. opposes the anticipatory bail application and submits that fard-bayan of the informant Patna High Court CR. APP (SJ) No.3473 of 2025(2) dt.08-09-2025 3/3 was recorded at the hospital which amply demonstrates that the informant was brutally assaulted by the accused persons. It is also submitted that informant specially alleges that accused considering his dead threw him near a river from where his family members recovered and admitted him in the hospital. It is next submitted that investigation in the case is continuing. 6. Considering the submissions made by the learned Special P. P., the Court is not inclined to extend the privilege of anticipatory bail to the appellants. 7. The prayer of the appellants for anticipatory bail stand rejected. vikash/- (Satyavrat Verma, J) U T