IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.925 of 2026 Arising Out of PS. Case No.-378 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== 1 . Vikas Kumar @ Vikash Yadav Son of Vishwanath Yadav Resident of village- Union tola, Ward no. 03, ps- Jaynagar, Dist- Madhubani 2. Ashok Sah Son of Jugeshwar Sah Resident of village- Union tola, Ward no. 03, ps- Jaynagar, Dist- Madhubani ... ... Appellant/s Versus 1 . The State of Bihar 2. Mamta Devi Wife of Dheeraj Kumar paswan Resident of village- Union tola, Ward no. 03, ps- Jaynagar, Dist- Madhubani ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vikas Kumar Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For informant : Mr. Shailendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 14-05-2026 Heard learned counsel for the parties. 2. This appeal has been filed for setting aside order dated 12.02.2026 passed in a case registered for the offence punishable under sections 126 (2), 115 ( 2 ), 76, 352, 351 (2) and 3 (5) of BNS and sections 3(i)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected. 3. As per F.I.R. on 28.10.2025 at about 05:00 AM, informant namely, Mamta devi along with her family members had gone to Chhath Ghat, near Kamla Road Jaynagar for performing Chhath Puja where appellant No. 1 Vikas Kumar Patna High Court CR. APP (SJ) No.925 of 2026(3) dt.14-05-2026 2/3 and co-accused Mukesh Yadav caught hand of daughter of informant and misbehaved with her and when informant and other co-accused persons confronted the same, then accused persons abused them by caste name and also assaulted them, as a result of which husband of informant namely Dheeraj Kumar Paswan and her son namely Nikhil Kumar Paswan sustained head injuries. 4. It is submitted on behalf of appellants that appellants are innocent and has falsely been implicated in this case. The present case is nothing but counterblast to Jaynagar PS Case No. 376 of 2025 which was lodged by Appellant No. 1 Vikash Kumar himself on the very same day, i.e ,. 28.10.2025, wherein he reported the assault perpetrated upon him by the family members of informant. Allegation is general and omnibus against these appellants. Rest of the allegations are ornamental in nature to make the case grave. It is not the case of the prosecution that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. 5. Learned special Public Prosecutor as well as learned counsel for respondent No. 2 opposed the bail. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, Patna High Court CR. APP (SJ) No.925 of 2026(3) dt.14-05-2026 3/3 named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge – 1stcum special Judge ( SC/ST Act ), Madhubani in connection with Jaynagar Police Station Case No. 378 of 2025 . Koushik/- (Prabhat Kumar Singh, J) U T