IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.650 of 2026 Arising Out of PS. Case No.-42 Year-2025 Thana- SC/ST District- Gaya ====================================================== Suraj Kumar S/o Surendra Bind R/o Village - Lakhanpur, P.S - Muffasil, District - Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Shobha Devi W/o Late Ramshila Paswan R/o Village - Lakhanpur, P.S - Muffasil, District - Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sudhir Kumar Sinha, Advocate Mr. Ajay Kumar Tiwary, Advocate For the Respondent/s : Mrs. Usha Kumari, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 17-07-2026 Heard learned counsel for the appellant and learned special PP for the State. Despite service of notice upon the respondent no. 2, there is no representation on her behalf. 2. The present appeal has been preferred by the appellant 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 by order dated 27.01.2026 passed by learned Exclusive Special Judge, SC/ST (Prevention of Atrocities) Act, Gayaji in connection with Special SC/ST Case No. 18 of 2026 arising out of Gaya SC/ST P.S. Case No. 42 of 2025 registered for the alleged offence under Sections 126(2), Patna High Court CR. APP (SJ) No.650 of 2026 dt.17-07-2026 2/4 115(2), 190, 191(1), 74, 329(4), 303(2), 324(5), 324(4), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r), 3(i)(s), 3(i)(w) and 3(2)(va) of the SC/ST Act. 3. As per the prosecution case, appellant and a number of co-accused persons entered into the house of the informant and hurling caste abuses misbehaved with the informant. They also threatened to do away with the life of the informant and her family members. They also damaged the household articles and took away ornaments and cash of Rs. 30,000/-. They had been threatening the informant to compromise a case earlier filed by the informant side. 4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The allegation against the appellant is general and omnibus along with other co-accused persons. There is no specific allegation of either abusing the informant or assaulting the informant or any of her family members. Learned counsel further submits that the allegation of assault upon the informant is specific against co-accused Dinesh Bind and Jacky Bind. Since the whole occurrence took place in the house of the informant and no occurrence has taken place in public view, the statutory ingredients required to attract the provisions of the SC/ST Act are not satisfied. The appellant has got no criminal Patna High Court CR. APP (SJ) No.650 of 2026 dt.17-07-2026 3/4 antecedent. 5. Learned Special PP for the State opposes the submission made on behalf of the appellant. Learned Special PP submits that the appellant and other co-accused persons entered into the house of the informant and abused and assaulted her. 6. Perused the record. 7. Having regard to the aforesaid facts and circumstances and submissions made on behalf of the parties and considering the general, non-specific and doubtful nature of allegation against the appellant and also considering the absence of material to attract the provisions of the SC/ST Act and further considering the clean antecedent of the appellant, let the appellant above named, in the even of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST (Prevention of Atrocities) Act, Gayaji/court concerned in connection with Special SC/ST Case No. 18 of 2026 arising out of SC/ST P.S. Case No. 42 of 2025, subject to the condition laid down under Section 482(2) of BNSS and other following conditions: (i) One of the bailors will be a close relative of Patna High Court CR. APP (SJ) No.650 of 2026 dt.17-07-2026 4/4 the appellant. (ii) The appellant will remain present on each and every date fixed by the court below. 8. Accordingly, the impugned order dated 27.01.2026 is set aside and the appeal is allowed. Ashish/- (Arun Kumar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 18.07.2026 Transmission Date 18.07.2026