Lallu Yadav @ Lallu Kumar @ Abishek KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1248 of 2025
                       Arising Out of PS. Case No.-15 Year-2025 Thana- MOKAMAH District- Patna
                 ======================================================
           1.     Lallu Yadav @ Lallu Kumar @ Abishek Kumar S/o- Umesh Yadav Village-
                  Sultanpur, Ward no 2 Ps-Mokama Disrtict- Patna
           2.    Chintu Yadav @ Shiv Kumar S/o- Sanjay Yadav Village- Sultanpur, Ward no
                 2 Ps-Mokama Disrtict- Patna
           3.    Sonu Kumar @ Aditya Kumar S/o- Sanjay Yadav Village- Sultanpur, Ward
                 no 2 Ps-Mokama Disrtict- Patna
           4.    Ram Yadav @ Ram Kumar S/o- Tote Yadav @ Tota Yadav Village-
                 Sultanpur, Ward no 2 Ps-Mokama Disrtict- Patna
                                                                ... ... Appellant/s
                                                Versus
           1.    The State of Bihar
           2.     Chandra Mauli Paswan S/o- Late Lakhan Paswan Village- Sultanpur, Ward
                  no 2 Ps-Mokama Disrtict- Patna
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Chetanand Paswan, Advocate
                 For the Respondent/s    :       Mr. Sadanand Paswan, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   28-01-2026                    1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Mr. Sadanand Paswan.

                                  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 03.03.2025 in A.B.P. No. 653 of 2025 passed by the

                   learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna in

                   connection with Mokama P.S. Case No. 15 of 2025 registered

                   for the offences punishable under Sections 191(2), 191(3), 190,

                   109(1), 351(2) and 352 of the BNS, 2023 read with Section 27
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          of the Arms Act as well as Sections 3(i)(r)(s) and 3(2)(va) of the

          SC/ST Act.

                          3. The learned Special PP for the State, at the

          outset, submits that in compliance of the order dated

          15.04.2025, he had informed the Superintendent of Police, Patna

          informing the informant about the pendency of the instant

          appeal through the concerned police station.

                          4. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and the informant

          alleges that a fight took place amongst the children on

          18.01.2025 at 11:00 AM for playing cricket, further at 08:00

          PM, five named accused persons including the appellants came

          and fired at her house and when police came they fled from the

          place of occurrence firing.

                          5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that on account of dispute

          amongst the children, an altercation had taken place, but neither

          side assaulted each other. It is next submitted that in order to

          give seriousness to the case, it is alleged that side of the

          appellants fired, but then no one was injured in the firing, which

          amply demonstrates the falsity of the allegation, it is next
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                      submitted that this perhaps explains why informant despite

                      receiving notice chooses not to appear and contest.

                                      6. Learned Spl. P.P. for the State opposes the

                      appeal.

                                      7. In view of the submissions made by the learned

                      counsel for the appellants, the order dated 03.03.2025 in A.B.P.

                      No. 653 of 2025 passed by the learned Exclusive Special Judge

                      S.C./S.T. (POA) Act, Patna in connection with Mokama P.S.

                      Case No. 15 of 2025, is hereby set aside and the appellants

                      above-named, in the event of their arrest or surrender before the

                      learned Court below within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      5,000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned court below where

                      the case is pending/successor court in connection with Mokama

                      P.S. Case No. 15 of 2025 subject to the conditions as laid down

                      under Section 482 (2) of the BNSS.

                                      8. Accordingly the appeal stands allowed.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T