IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2315 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1. Uday Sah S/O Sakindra Sah @ Surendra Sah R/O Patsharma, P.s.- Gaighat, Dist.- Muzaffarpur. 2. Prabhu Sah @ Parmanand Sah S/O Sakindra Sah @ Surendra Sah R/O Patsharma, P.s.- Gaighat, Dist.- Muzaffarpur. 3. Raushan Kumar S/O Prabhu Sah @ Parmanand Sah R/O Patsharma, P.s.- Gaighat, Dist.- Muzaffarpur. 4. Sonu Kumar S/O Prabhu Sah @ Parmanand Sah R/O Patsharma, P.s.- Gaighat, Dist.- Muzaffarpur. ... ... Appellant/s Versus 1. The State Of Bihar Patna 2. Gautam Kumar S/O Late Baleshwar Paswan R/O Patsharma, P.s.- Gaighat, Dist.- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Raju Kumar, Advocate For the Respondent/s : Ms.Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 6 17-08-2026 1. Heard learned counsel for the appellants, learned Spl. P.P. for the State, Ms. Usha Kumari No. 1 and the learned counsel appearing on behalf of the informant. 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 16.05.2025 in A.B.P. No. 901 of 2025 passed by the learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in Patna High Court CR. APP (SJ) No.2315 of 2025(6) dt.17-08-2026 2/4 connection with Gaighat P.S. Case No. 17 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352, 351(2)(3), 3(5) of the BNS as well as Sections 3(1)(r) (s) of the SC/ST Act. 3. Learned counsel for the appellants submits that appellants are person with clean antecedent and the informant alleges that on 08.01.2025 at 09:30 AM he was coming back home after receiving his admit card from the school, when on the way, accused persons including the appellants intercepted and Uday abused by taking caste name and Bobbi Kumar assaulted by an iron fighter causing injury on head and also suffered fracture of jaw, further since informant sold grains to other, hence out of anger occurrence took place and when people gathered accused fled and informant was taken to PHC, Gaighat. 4. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant, it is further submitted that Bobbi Kumar is not an appellant in the instant case, it is next submitted that from the side of the appellants Gaighat PS Case No. 25 of 2025 was instituted by the wife of the appellant No. 1 against the informant with an allegation that she was going along with her Patna High Court CR. APP (SJ) No.2315 of 2025(6) dt.17-08-2026 3/4 daughter when informant dashed her daughter by motorcycle and when she had gone to the house of the informant for complaining when she was abused and assaulted, it is also submitted that since daughter of appellant No. 1 was dashed by the motorcycle by the informant, hence an altercation had taken place in which both sides assaulted each other, it is next submitted that it does not appear probable that since informant sold the grains to other persons hence out of anger, the accused persons assaulted, it is next submitted that even the injury suffered by the injured has been opined to be simple in nature as stands recorded in the order impugned, but then the specific allegation of assault is against Bobbi Kumar. 5. Learned Spl. 5. Learned Spl. P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the appellants. 6. Considering the aforesaid facts, let the appellants above-named, in the event of their 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) each 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 with the aforesaid case, subject to the Patna High Court CR. APP (SJ) No.2315 of 2025(6) dt.17-08-2026 4/4 conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the impugned order is set aside and the appeal stands allowed. Nitesh/- (Satyavrat Verma, J) U T