Arun SinghversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1010 of 2024
                         Arising Out of PS. Case No.-755 Year-2019 Thana- FATUA District- Patna
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           1.     Arun Singh Son of Mahendra Singh Resident of Village- Mudera, P.S.
                  Fatuha, District- Patna
           2.    Shivam Kumar Son of Sahdev Kumar Mahto Resident of Village- Mudera,
                 P.S. Fatuha, District- Patna
           3.    Raza Kumar Son of Nagendra Mahto Resident of Village- Mudera, P.S.
                 Fatuha, District- Patna
           4.    Shashi Kumar @ Sashi Kumar Son of Niranjan Kahar Resident of Village-
                 Mudera, P.S. Fatuha, District- Patna
           5.    Golu Kumar Son of Surajdeo Mistri Resident of Village- Mudera, P.S.
                 Fatuha, District- Patna
           6.    Satyam Kumar Son of Muniji Mahto @ Vrij Kishor Singh Resident of
                 Village- Mudera, P.S. Fatuha, District- Patna
           7.    JHAPPU SINGH @ JHAPPU KUMAR Son of Jagnarain Mahto Resident of
                 Village- Mudera, P.S. Fatuha, District- Patna
                                                               ... ... Appellant/s
                                                    Versus
           1.    The State of Bihar
           2.     Bulu Mochi Son of Bhola Das Resident of Villag- Machhrianwa, P.O.-
                  Bankipur, P.S.- Fatuha, District- Patna
                                                                   ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s     :        Mr. Surendra Kumar Mishra, Advocate
                 For the Respondent/s    :        Mr. Usha Kumari 1, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   13-03-2026                 Heard learned counsel for the appellants and Mrs. Usha

                   Kumari-1, learned Special P.P. 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 16.12.2023,

                   passed by learned Exclusive Special Judge SC/ST, Patna in
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          connection with Fatuha P.S. Case No.755 of 2019, registered under

          Sections 147, 149, 341, 323, 308 and 504 of the Indian Penal Code

          as well as Section 3(i)(r)(s) of the SC/ST (POA) Act, 1989.

                       3. Learned counsel appearing on behalf of the appellants

          submits that by order dated 07.05.2024 notices were issued to

          respondent no.2 and the same was received by the nephew of

          respondent no.2, as would manifest from office report dated

          21.05.2025. It is next submitted that a jointness application has

          been filed stating that the nephew of respondent no.2 stays with

          him. Since, jointness application has been filed, as such, the notice

          is deemed to be validly served. It is next submitted that appellants

          are persons with clean antecedent and the informant alleges that on

          30.10.2019 at 10 p.m., he was returning home after immersion of

          idol when he saw near a petrol pump that 8-10 accused persons

          had caught a boy and were asking him to dance, on protest, the

          accused persons started assaulting by rod, farsa and danda causing

          injury on head and also assaulted Sohan and Kalu by butt of pistol

          and rod. Further, the name of the accused persons including the

          appellants were disclosed in the FIR of committing the occurrence.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the allegations,

          as alleged in the FIR, it would manifest that no allegation of abuse
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                         is alleged and as far as allegation of assault is alleged, the same is

                         general and omnibus in nature. It is further submitted that this

                         perhaps explains why the informant despite receiving notice

                         chooses not appear and contest. It is next submitted that in the

                         nature of allegations, as alleged in the FIR, prima facie offence

                         under the SC/ST Act is not made out.

                                      5. After hearing learned counsel for the parties, let

                         appellants, above named, in the event of their arrest or surrender

                         before the learned court below within a period of six weeks from

                         the date of receipt of the order, be released on anticipatory bail on

                         furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each

                         with two sureties of the like amount each to the satisfaction of the

                         learned Special Judge, SC/ST, Patna in connection with Fatuha

                         P.S. Case No.755 of 2019, subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C.

                                      6. Accordingly, the impugned order is set aside and the

                         appeal stands allowed.


                                                    (Satyavrat Verma, J)

Sanjay/-

U          T