IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1800 of 2025 Arising Out of PS. Case No.-206 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Aditya Chaudhary @ Aditya Mandal S/o- Sri Rakesh Mandal Village- Paras Nagar, W.NO-16, Ps- Bagaha Dist- West Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Arvind Ram S/o- Late Chhathu Ram Village- Anand Nagar, W.NO-16, Ps- Bagaha Dist- West Champaran ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 1789 of 2025 Arising Out of PS. Case No.-206 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Suraj Kumar @ Suraj Sah S/o- Sri Shyama Sah @ Shyam Sah. Village- Paras Nagar, W.NO-16, Ps- Bagaha Dist- West Champaran ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Arvind Ram S/o- Late Chhathu Ram Village- Anand Nagar, W.NO-16, Ps- Bagaha Dist- West Champaran ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 1801 of 2025 Arising Out of PS. Case No.-206 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Golu kumar S/o Sri Omprakash Chaudhary Resident of Village- Gandhi Nagar, Ward no. 17, P.S.- Bagaha, District- West Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Arvind Ram S/o Late Chhathu Ram Resident of Village- Anand Nagar, Ward no. 16, P.S.- Bagaha, District- West Champaran ... ... Respondent/s ====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 1800 of 2025) For the Appellant/s : Mr. Umesh Chandra Verma, Adv Mr. Hemant Ray, Adv. For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. (In CRIMINAL APPEAL (SJ) No. 1789 of 2025) For the Appellant/s : Mr. Umesh Chandra Verma, Adv. Mr. Hemant Ray, Adv. For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. Patna High Court CR. APP (SJ) No.1800 of 2025(4) dt.07-08-2025 2/4 (In CRIMINAL APPEAL (SJ) No. 1801 of 2025) For the Appellant/s : Mr. Umesh Chandra Verma, Adv. Mr. Hemant Ray, Adv. For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 07-08-2025 Heard learned counsel for the appellants and learned counsel for the respondent no. 2 as well as learned Special Public Prosecutor 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 against the rejection of prayer for bail vide order dated 19.04.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, West Champaran at Bettiah in B.P. No. 390 of 2025 arising out of Bagaha P.S. Case No. 206 of 2024 dated 05.08.2024 registered for the offence/s punishable u/ss 103 read with section 3(5) of the BNS and section 3(2) (v) of the SC/ST (POA) Act. 3. As per the prosecution case, the appellants and the co-accused persons armed with iron rod are alleged to have come and started abusing and assaulting Sahil Ansari. When the informant’s father went to rescue, all the accused persons started abusing and assaulting him by calling his caste name and in the meantime, the co-accused Nitesh Yadav assaulted the informant’s father with iron rod on his stomach and internal Patna High Court CR. APP (SJ) No.1800 of 2025(4) dt.07-08-2025 3/4 parts of his body causing severe injury and they snatched golden chain and Rs. 3000/- from him. It is further alleged that during the course of the treatment, the informant’s father died. 4. Learned counsel for the appellants has submitted that the appellants have falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under SC/ST Act. The specific allegation of assaulting is against the co-accused Nitish Yadav. There is general and omnibus allegation against the appellants. As per the postmortem report, the deceased sustained injuries on his neck and abdomen caused by hard and blunt substance and the cause of death is septic shock and cardiac failure. The appellants have no criminal antecedent as stated in para 3 of the bail petition. The appellants Aditya Chaudhary @ Aditya Mandal and Suraj Kumar @ Suraj Sah are in custody in this case since 20.11.2024 and as per the impugned order dated 19.04.2025, the appellant Golu Kumar is in custody in this case since 15.01.2025. The co-accused person has already been granted regular bail by this Court vide order dated 24.04.2025 Patna High Court CR. APP (SJ) No.1800 of 2025(4) dt.07-08-2025 4/4 passed in Cr. Appeal (S.J.) No. 5509 of 2024. 5. Learned counsel for the respondent no. 2 as well as learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellants. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellants, the impugned order dated 19.04.2025 passed by the learned 1st Additional Sessions Judge- cum-Special Judge, SC/ST (POA) Act, West Champaran at Bettiah in B.P. No. 390 of 2025 arising out of Bagaha P.S. Case No. 206 of 2024, is set aside against the appellants. The criminal appeal is allowed. 7. Accordingly, the above named appellants, are directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, West Champaran at Bettiah in B.P. No. 390 of 2025 arising out of Bagaha P.S. Case No. 206 of 2024. shivam/- (Chandra Prakash Singh, J) U T