IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2051 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== 1. Amod Ray @ Amod Rai S/O Sitaram Ray R/O Village- Lakhan Sarai, Baradakhili, PS- Lalganj, Dist- Vaishali, Bihar, PIN- 844123 2. Prem Ray @ Prem Rai S/O Subodh Ray R/O Village- Lakhan Sarai, Baradakhili, PS- Lalganj, Dist- Vaishali, Bihar, PIN- 844123 ... ... Appellant/s Versus 1. The State of Bihar 2. Babloo Paswan S/O Lal Singh Paswan R/O Village- Lakhan Sarai, Baradakhili, PS- Lalganj, Dist- Vaishali, Bihar, PIN- 844123 ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anil Kumar, Adv. For the Respondent/s : Mr. Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 4 13-02-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor appearing for the State and also learned counsel for the respondent No2. 2. This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 15.03.2025 passed by learned Exclusive Special Judge, SC/ST Act -cum- District & Additional Sessions Jude, Vaishali at Hajipur, in A.B.P. No. 906 of 2025 in connection with Lalganj P.S. Case No. 125 of 2025 registered under Sections Patna High Court CR. APP (SJ) No.2051 of 2025(4) dt.13-02-2026 2/5 19(2), 190, 126, 115(2), 118, 109, 75, 303(2), 324(4), 352, and 351(3) of B.N.S. and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of anticipatory bail of the appellants has been rejected. 3. As per the prosecution case, the informant, Babloo Paswan alleged that on 14.03.2025 at about 4:00 P.M, the appellants along with others variously armed with hasua, farsa and iron rod came at his house and started abusing him by his caste name. On protest being made by him, appellant, Amod Rai gave a farsa blow on his head due to which he fell down upon which appellant No.2, Prem Rai pressed his neck with intention to kill him. Upon alarm, when her mother and aunt came there to rescue him, other accused persons have assaulted them and tore their cloths. Further, the appellant No.1, Amod Rai by abusing them with their caste name, inflicted hasua blow on the mother and aunt of the informant causing them head injuries. Thereafter on the gathering of villagers, they fled away after snatching the gold ornaments with threatening to face dire consequence. 4. Learned counsel for the appellants submits Patna High Court CR. APP (SJ) No.2051 of 2025(4) dt.13-02-2026 3/5 that the appellants, who are of clean antecedent, are innocent and have not committed any offence. He submits that no such occurrence, as alleged in the F.I.R, ever took place. He further submits that on account of previous dispute, the parties were on inimical terms and therefore, an scuffle took place between them in which both sides have sustained injuries for which case and counter case has been lodged by the parties. Moreover, the injury report contained in case diary also goes to show that the injured persons have received simple injuries. So far as offence of abuse by caste name is concerned, the same has not been committed in a public view, therefore, no case attracting the provisions of SC/St Act is made out against the appellants. He lastly submits that though there is allegation of inflicting farsa and hasua blow on the head of the informant and his family members, but the injury report itself falsifies the prosecution version as there appears to be no injuries caused by a sharp object. 5. Learned Special Public Prosecutor as well as learned counsel for respondent No.2 have vehemently opposed the prayer for grant of anticipatory bail to the appellants. Learned counsel for respondent No.2 submits Patna High Court CR. APP (SJ) No.2051 of 2025(4) dt.13-02-2026 4/5 that in fact, there was no earlier dispute between the parties rather the appellants have intentionally assaulted the informant and his family members. Moreover, he emphasized that the appellants are in habbit of making threatening to the informant for dire consequences. 6. Considering the entire facts and circumstances of the case and also the fact that the allegation levelled in the F.I.R. is not supported by the injury report and there is case and counter case between the parties, in which both sides have sustained injuries, more particularly, the injuries sustained by the informant side are reported to be of simple in nature, there is no recital of commission of offence of abuse in a public view and also the appellants bear the clean antecedent, let the above named appellants in the event of their arrest/surrender within a period of six weeks be released 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 Additional Sessions Judge-cum- Special Judge (SC/ST Act), Vaishali at Hajipur in connection with Lalgang P.S. Case No. 125 of 2025 subject to the conditions laid down under Section 482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C. Patna High Court CR. APP (SJ) No.2051 of 2025(4) dt.13-02-2026 5/5 7. Accordingly, this appeal is allowed and the impugned order dated 15.03.2025 rejecting the prayer for grant of anticipatory bail to the appellants is, hereby, set aside. brajesh/- (Praveen Kumar, J) U T