Bikesh Paswan @ Vikesh KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1330 of 2025
                 Arising Out of PS. Case No.-461 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Bikesh Paswan @ Vikesh Kumar Son of Pundev Paswan @ Fuldev Paswan
                 @ Punyadev Paswan Resident of village - Madhuban Mela Bazar, Ps-
                 Madhuban, Dist- East Champaran

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Mostt. Rinku Devi Wife of Late Naresh Baitha Resident of village -
                 Madhuban Mela Bazar, Ps- Madhuban, Dist- East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Abhishek Kumar, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, Spl. Public Prosecutor
                 For the R. No. 2       :        Mr. Suraj Kumar Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   23-04-2026                 Heard learned counsel appearing on behalf of

                   appellant, respondent no. 2 and Spl. Public Prosecutor.

                               2. This appeal has been filed for setting aside order

                   dated 19.02.2025 passed by learned Special Judge SC/ST Act,

                   East Champaran, Motihari in ABP No. 588 of 2025 arising out

                   of Madhuban P. S. Case No. 461 of 2024 registered for the

                   offences punishable under Sections 140(3), 118(1), 118(2), 109,

                   303(2), 61(2) and 3(5) of the B.N.S. and Section 3(2)(va) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for grant of anticipatory bail

                   of this appellant has been rejected.

                               3. As per prosecution case, informant, namely Most.
Patna High Court CR. APP (SJ) No.1330 of 2025(4) dt.23-04-2026
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          Rinku Devi, alleged that on 31.10.2024 at about 10 PM, when

          informant and her son, namely Bajrangi Kumar, was sleeping, in

          the meantime, co-accused Sajan Kumar came there and took son

          of informant away on a scooty. Later, one Rajan Kumar came

          and informed the informant that her son has been assaulted with

          knife on his abdomen, chest and back due to which he was

          injured and there was bleeding and he was thrown in front of

          Oxford School on the road. Thereafter, the son of informant

          informed her the name of all the accused persons, including this

          appellant, who snatched money from his pocket and upon

          objection, assaulted him.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. Appellant has falsely been implicated in

          this case due to village politics. Moreover, allegation of assault

          is general and omnibus and no specific accusation of overt act

          has been alleged against this appellant. It is further submitted

          that there is absolutely no allegation of abuse by caste name

          against this appellant and as such, no case under the Scheduled

          Castes and Scheduled Tribes (Prevention of Atrocities) Act is

          made out against this appellant. Appellant claims clean

          antecedent.
              Patna High Court CR. APP (SJ) No.1330 of 2025(4) dt.23-04-2026
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                                     5. On the other hand, learned Spl. P.P. appearing for

                        the respondent-State has vehemently opposed the prayer for

                        grant of bail to the appellant and submitted that appellant is

                        named in the F.I.R. and there is specific accusation that he,

                        along with other accused persons, attacked son of informant,

                        snatched his money and assaulted on his abdomen, chest and

                        back with knife due to which he sustained multiple incised

                        wound. Doctor has found the injuries, sustained by the injured,

                        grievous in nature.

                                     6. Considering the facts and circumstances of the

                        case, specific and direct nature of accusation, gravity of offence

                        and nature of injuries allegedly caused by this appellant, the

                        prayer for grant of pre-arrest bail to the appellant is rejected and

                        accordingly, this appeal is dismissed.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T