IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.644 of 2025 Arising Out of PS. Case No.-239 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Ram Ratan Kumar @ Ram Ratan Chauhan S/O Ramjatan Chauhan R/O Vill.- Ganichak, P.S.- Asthawan, Dist.- Nalanda. ... ... Appellant/s Versus 1. The State of Bihar 2. Tetari Kumari W/O Umesh Paswan R/O Vill.- Nijampur, P.S.- Asthawan, Dist.- Nalanda. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rudal Singh, Advocate For the Respondent/s : Ms.Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 25-11-2025 Heard learned counsel for the appellant and learned Spl. P.P. for the State. 2. This appeal is preferred against the order dated 30.01.2025 passed by the learned Addl. Sessions Judge-Vith- cum- Exclusive Special Court, SC/ST (POA) Act, Biharsharif, Nalanda in connection with Asthawan P.S. Case No. 239 of 2024 registered under Sections 191(2), 190, 126(2), 115(2), 352, 117(2), 109 of the Bihar Nyaya Sanhita and Section 27 of the Arms Act and under Section 3(1)(r)(s) of the SC/ST (POA) Act. 3. As per the prosecution case, while the informant along with her son was going to the doctor, eight men including the appellant stopped her vehicle and assaulted her and her son Patna High Court CR. APP (SJ) No.644 of 2025(4) dt.25-11-2025 2/3 with weapons. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case as the appellant was kidnapped for which a case was registered by the appellant against the informant and others and a counter case the present case has been filed and from the allegations, no offence under the provisions of SC/ST Act is made out in this case and therefore the application of the anticipatory bail is maintainable. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that the occurrence has taken place due to issues arising from local politics. 7. In these circumstances, this application for grant of anticipatory bail is held to be maintainable. 8. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 30.01.2025 passed by the learned Addl. Sessions Judge-Vith-cum- Exclusive Special Court, SC/ST (POA) Act, Biharsharif, Nalanda in connection with Patna High Court CR. APP (SJ) No.644 of 2025(4) dt.25-11-2025 3/3 Asthawan P.S. Case No. 239 of 2024, is hereby set aside. 9. Let the appellant, in the event of his arrest or surrender within four 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 the learned Addl. Sessions Judge-VIth-cum- Exclusive Special Court, SC/ST (POA) Act, Biharsharif, Nalanda/ concerned court below in connection with Asthawan P.S. Case No. 239 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. tusharika/- (Sandeep Kumar, J) U T