IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2275 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== 1. Abhay Chandravanshi @ Abhay Kumar S/O Ganauri Chanravanshi R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. 2. Ankit Kumar S/O Sanjay Chandravanshi R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. 3. Dilip Kumar S/O Ajay Chandravanshi R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. 4. Mithlesh Chandravanshi @ Intalesh Kumar S/O Lalan Chandravanshi R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. 5. Ruvi Devi @ Rubi Devi W/O Abhay Chandravanshi @ Abhay Kumar R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. 6. Lavkush Kumar S/O Jagmohan Chandravanshi R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. ... ... Appellant/s Versus 1. The State of Bihar 2. Lal Bihari Ram S/O Shri Bachhu Ram R/O Vill.- Badwan, P.s.- Nabinagar, Dist.- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aman Vishal, Adv. For the Respondent/s : Ms.Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 13-08-2026 1. Heard learned counsel for the appellants, learned Spl. P.P., Ms. Usha Kumari 1 for the State. 2. This is an appeal under Section 14-A(2) of the 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 05.05.2025 in A.B.P. No. 884 of 2025 passed by the Patna High Court CR. APP (SJ) No.2275 of 2025(5) dt.13-08-2026 2/5 learned District and Additional Sessions Judge-1st-cum-Special Judge S.C./S.T. (POA) Act, Aurangabad in connection with Nabinagar P.S. Case No. 48 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 324(2), 192, 196, 299, 300, 352 and 351(2) of the BNS as well as Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. 3. Learned counsel for the appellants submits that from perusal of the office report, it would manifest that the notice has been received by the wife of the informant. 4. Since the notice has been received by the wife of the informant, hence the notice is deemed to be validly served. The learned counsel next submits that appellant nos. 1, 3, 4 and 6 have antecedent of two cases, appellant no. 2 has antecedent of one case and appellant no. 5 is a person with clean antecedent and the informant alleges that on 13.02.2025 at 7:00 PM, a procession of Ravidashji was taken out and when the procession reached near the house of Ranjay, when Gyani Kumar abused and objected the playing of DJ, on which Abhay gave orders to assault and also assaulted Ramsagar by rod causing injury on head, while Gyani with lathi damaged the iron idol of Ravidashji, further Ankit assaulted Mohan by lathi causing Patna High Court CR. APP (SJ) No.2275 of 2025(5) dt.13-08-2026 3/5 injury on head, thereafter Raushan assaulted Vikram by sword causing injury on cheek and Sunni assaulted Nandlal by axe causing injury on head, further Lavkush and Vivek acted inappropriately with Anita and Sobha, on objection, Lavkush assaulted Anita by lathi causing injury on hand and Vivek assaulted Sobha by lathi causing fracture of leg, further Dilip assaulted Lav by lathi causing fracture of wrist and Shyam assaulted Vinay by lathi causing injury on leg and head, further Mithilesh assaulted Marachhu by brick causing injury on leg and Rubi started pelting stone from terrace. 5. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the occurrence is alleged to have taken place for the reason that playing of DJ was objected by Gyani. It is submitted that since side of the informant while taking out the procession was playing obscene song, hence the same was objected when the occurrence is alleged to have taken place. It is also submitted that for the same occurrence, the Chowkidar has also instituted Nabinagar PS Case No. 49 of 2025 in which the present appellants along with the informant and others have been made Patna High Court CR. APP (SJ) No.2275 of 2025(5) dt.13-08-2026 4/5 accused. It is reiterated and submitted that since vulgar songs were being played, as such, the same was objected when the occurrence took place. It is next submitted that from side of the appellants also persons have suffered injury. 6. Learned Spl. P.P. for the State vehemently opposes the prayer for anticipatory bail of the appellants and submits that from perusal of the allegations as alleged in the FIR, it would manifest that the occurrence took place near house of Ranjay and thus was in public view and the allegation of assault is specific causing injury to several persons as recorded hereinabove, on which learned counsel appearing on behalf of the appellants submits that Rubi has been implicated only with an intent to coerce the male members into submission and allegation against her is general and omnibus in nature. 7. After hearing the learned counsel for the parties, the order impugned dated 05.05.2025 is hereby set aside only with respect to appellant no. 5, Rubi and the appellant no. 5 in the event of her 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) 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 Patna High Court CR. APP (SJ) No.2275 of 2025(5) dt.13-08-2026 5/5 with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 8. The Court is not inclined to extend the privilege of anticipatory bail to appellant nos. 1, 2, 3, 4 and 6, as such, the appeal with respect to appellant nos. 1, 2, 3, 4 and 6 is rejected. rajesh/- (Satyavrat Verma, J) U T