IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4617 of 2025 Arising Out of PS. Case No.-209 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Hamid Ansari S/O Late Rasul Ansari R/O Village- Mujha (Parsa), P.S.- Kateya, District- Gopalganj. ... ... Appellant/s Versus 1. The State of Bihar 2. Dharmendra Kumar S/O Sonu Gond R/O Village- Mujha , P.S.- Kateya, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vyas Kumar Mishra, Advocate For the Complainant Mr. Dewanand Tiwari, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 31-01-2026 Heard learned counsel for the appellant, learned counsel for the complainant and learned Spl. P.P. for the State. 2. This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 17.10.2025 passed by the learned Additional Sessions Judge-XI-cum-Exclusive Special Judge S.C./S.T. (POA) Act, Gopalganj in connection with Kateya P.S. Case No. 209 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 118(1), 115(2), 103(1) & 109 of the Bharatiya Nyaya Sanhita, under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Act, Patna High Court CR. APP (SJ) No.4617 of 2025(3) dt.31-01-2026 2/4 2014 and under Section 3 (1)(w) of the SC/ST (PoA) Act, 1989. 3. The case of the prosecution, in short, is that there was some dispute between Vikash Yadav and Tiger over increasing the speed of the tractor thresher. It is further alleged that on 18.04.2025 the complainant and his brother were returning after having meals at the house of Bigu Patel. It is alleged that appellant along with other 15 named and 20 unnamed persons being armed with lathi, danda and sharp cutting weapon started assaulting and abusing the complainant with caste name. It is further alleged that the brother of the complainant was injured badly and died. The complainant is under treatment. 4. Learned counsel for the appellant submits that in this case during investigation the mother and sister of the deceased have given their statement before police and they have detailed the assailants. The mother of the complainant has stated that one Tiger has assaulted with knife on the chest of his son. Rafique Ansari and Sambhu Ansari have assaulted with knife and bhala to second son Dharmendra. The sister of the complainant has also stated same thing. Learned counsel for the appellant has further submitted that the nature of allegation is general and omnibus and there is no specific allegation of any Patna High Court CR. APP (SJ) No.4617 of 2025(3) dt.31-01-2026 3/4 overt act against the appellant and he is only a member of the mob. 5. Learned counsel for the complainant is present and has vehemently opposed the bail to the appellant and has submitted that in this case, one Raja Hussain has given his confessional statement and in his confessional statement he has also stated that he has assaulted with knife on the chest of Sikander. Rafique and Shambhu Ansari have assaulted Dharmendra with chaaku and bhala. He has also named the appellant. Learned counsel for the complainant has further submitted that the way the complainant and the deceased has been assaulted shows that the appellant and others were having common intention to commit murder. 6. Learned counsel for the appellant has submitted that similarly situated co-accused have been granted bail by this Court and by the learned Co-ordinate Bench vide Cr. App. (SJ) Nos. 3558 of 2025 and 3536 of 2025 respectively. 7. In view of the submissions made by the learned counsel for the appellant, the order dated 17.10.2025 passed by the learned Additional Sessions Judge-XI-cum-Exclusive Special Judge S.C./S.T. (POA) Act, Gopalganj in connection with Kateya P.S. Case No. 209 of 2025 is hereby set aside and Patna High Court CR. APP (SJ) No.4617 of 2025(3) dt.31-01-2026 4/4 the appellant above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Additional Sessions Judge-XI-cum-Exclusive Special Judge(SC/ST) Act, Gopalganj in connection with Kateya P.S. Case No. 209 of 2025. 8. Accordingly the appeal stands allowed. durgesh/- (Ashok Kumar Pandey, J) U T