IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4222 of 2025 Arising Out of PS. Case No.-2 Year-2022 Thana- NAUGACHIA SC/ST District- Bhagalpur ====================================================== 1. Vinod Mandal S/O Rasho Mandal R/O Vill.- Gorhiyari Saidpur, P.S- Gopalpur,Dist- Bhagalpur 2. Shivan @ Shivan Mandal @ Shiba Kumar S/O Laxman Mandal R/O Vill.- Gorhiyari Saidpur, P.S- Gopalpur,Dist- Bhagalpur 3. Darshan Kumar @ Darshan Mandal S/O Laxman Mandal R/O Vill.- Gorhiyari Saidpur, P.S- Gopalpur,Dist- Bhagalpur ... ... Appellant/s Versus 1. The State of Bihar 2. Kumod Rajak S/O Ram Vilash Rajak R/O Vill.- Gorhiyari Saidpur, P.S- Gopalpur, Dist- Bhagalpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Ms. Usha Kumari No. 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 20-01-2026 1. Heard learned counsel for the appellants and 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 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 10.07.2025 in A.B.P. No. 1658 of 2025 passed by the learned 3rd District & Additional Sessions Judge-cum- Special Judge SC/ST Act, Bhagalpur in connection with Naugachia SC/ST P.S. Case No. 02 of 2022 registered under Sections 341, 323, 504, 506, 354 and 34 of the Indian Penal Patna High Court CR. APP (SJ) No.4222 of 2025(3) dt.20-01-2026 2/3 Code as well as Sections 3(1)(r)(s) and 3(w) of the SC/ST Act. 3. No one appears on behalf of the informant. 4. Learned counsel appearing on behalf of the appellants submits that appellants are persons with clean antecedent. It is further submitted that no doubt, an FIR came to be instituted against the appellants by the informant but then the police after threadbare investigation came to a considered conclusion that appellants are innocent and, thus, Final Form No. 24/2022, dated 15.07.2022 was submitted but then exonerated the appellants of the allegation but then the learned trial court differing with the police report took cognizance, thus, appellants apprehend their arrest. It is next submitted that when an investigating agency after threadbare investigation came to a considered conclusion that appellants are innocent whether it would be prudent for the Court to send the appellants to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the appellants of the allegation. 5. Learned Special Public Prosecutor opposed the prayer for anticipatory bail of the appellants and submits that since cognizance has been taken that amply demonstrates that a prima facie case is made out, hence, rigors of Section 18 of the Patna High Court CR. APP (SJ) No.4222 of 2025(3) dt.20-01-2026 3/3 SC/ST Act is made out. 6. After hearing the learned counsel for the parties, the Court was inclined to extend the privilege of anticipatory bail to the appellants but for the order of cognizance, as such, the appeal is disposed of with a direction to the appellants to surrender before the learned trial court on 11.02.2026 and the learned trial court shall consider the case of the appellants on the same day keeping in mind the fact that the police after investigation submitted final form exonerating the appellants of the allegation. Kundan/- (Satyavrat Verma, J) U T