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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2029 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ======================================================
1. Pappu Sah @ Pappu Saw S/o Bhaju Sah @ Bhajju Saw @ Ram Bhajju Saw R/o Vill.- Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai
2. Mantu Sah @ Mantu Saw @ S/o Bhaju Sah @ Bhajju Saw @ Ram Bhajju Saw R/o Vill.- Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai
3. Bhaju Sah @ Bhajju Saw @ Ram Bhajju Saw S/o Late Gogu Sah R/o Vill.- Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai ... ... Appellant/s Versus
1. The State of Bihar
2. Safinder Sada S/o Late Tishan Sada R/o Vill.- Abgil, P.S.- Medni Chauki, Distt.- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 13-07-2026
1. Heard the learned counsel for the appellants, the learned Special Public Prosecutor for the State, Mr. Sadanand Paswan.
2. No one appears on behalf of the informant.
3. The appellants have challenged the order dated 16.04.2025 passed by the learned District and Additional Sessions Judge 1st cum Special Judge, SC/ST Act, Lakhisarai, in connection with Medni Chauki P.S. Case No. 290 of 2024 instituted for the offences under Sections 126(2), 115(2), 109, 352, 351(1) and 3(5) of the BNS and Section 3(i)(r)(s) and 3(2)
Patna High Court CR. APP (SJ) No.2029 of 2025(5) dt.13-07-2026 2/3 (va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.
4. Learned counsel appearing on behalf of the appellants submits that appellants are persons with clean antecedent and the informant alleges that on 30.12.2024 at 8:50 a.m., named accused persons including the appellants came and started abusing the informant by taking caste name and assaulted with lathi, danta, khanti, brick and stones when informant was sitting at his door, and the named accused persons even assaulted his brother when he came to save him.
5. The learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the occurrence took place at the house of the informant thus was not in public view. It is further submitted that on account of dispute, an altercation took place in which both side assaulted each other it is also submitted that appellants are related. It is next submitted that from side of the present appellants Medni Chauki P.S. Case No. 291 of 2024 was instituted against the informant and others. It is next submitted that even allegation of
Patna High Court CR. APP (SJ) No.2029 of 2025(5) dt.13-07-2026 3/3 assault is not specific.
6. Learned Special P.P. opposes the appeal.
7. Considering the submissions of the parties, the
order dated 16.04.2025 is set-aside.
8. The appeal stands allowed.
9. The appellants, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge 1st cum Special Judge, SC/ST Act, Lakhisarai, in connection with Medni Chauki P.S. Case No. 290 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
vikram/- (Satyavrat Verma, J) U T