Bulu YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1375 of 2025
                         Arising Out of PS. Case No.-404 Year-2024 Thana- AMAS District- Gaya
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           1.     Bulu Yadav S/o Late Ram Kishun Yadav Resident Of Village- Karwayan,
                  P.S.- Amas, District- Gaya
           2.    Modan Yadav @ Madan Yadav S/o Bhagirath Yadav @ Bhagirathi Yadav
                 Resident Of Village- Karwayan, P.S.- Amas, District- Gaya
           3.    Manoj Yadav S/o Bhagirath Yadav @ Bhagirathi Yadav Resident Of Village-
                 Karwayan, P.S.- Amas, District- Gaya
           4.    Prince Yadav S/o Madan Yadav @ Modan Yadav Resident Of Village-
                 Karwayan, P.S.- Amas, District- Gaya

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Ramashish Paswan S/o Late Mathura Paswan R/o vill - Gopalpur, P.s.-
                 Sherghati, Distt.- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Md. Javed Jafar Khan, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   28-01-2026                    1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Mr. Binay Krishna.

                                  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 27.02.2025 in A.B.P. No. 48 of 2025 passed by the

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

                   connection with Amas P.S. Case No. 404 of 2024 registered for
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          the offences punishable under Sections 126(2), 115(2), 117, 352

          and 351(2) of the BNS, 2023 as well as Sections 3(1)(r) and

          3(1)(s) of the SC/ST Act.

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

          outset, submits that in compliance of the order dated 11.11.2025,

          the Senior Superintendent of Police, Gaya was requested to

          inform the informant about pendency of the appeal through the

          concerned police station. It is next submitted that from perusal

          of Letter No. 1576 dated 19.12.2025 issued by the Senior

          Superintendent of Police, Gaya, it would manifest that

          information has already been given to the informant about the

          instant appeal, but then no one appears on behalf of the

          informant to contest the case.

                          4. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and the informant

          alleges that accused persons including the appellants came to his

          house on 28.11.2024 at 11:00 PM and abused and assaulted him

          while Manoj assaulted by lathi causing fracture of left hand.

                          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 allegation of abuse and

          assault is general and omnibus in nature though it is alleged that
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          Manoj assaulted causing fracture of left hand of the informant,

          but then there is no injury report on record nor the order

          impugned records about any injury. It is also submitted that even

          presuming what has been alleged is true without admitting then

          entire occurrence took place at the house of the informant, as

          such, was not in public view hence rigors of Section 18 of the

          SC/ST Act would not apply. It is also submitted that since no

          injury was suffered by the informant, as such, it appears that

          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 27.02.2025 in A.B.P.

          No. 48 of 2025 passed by the learned Exclusive Special Judge

          S.C./S.T. (POA) Act, Gaya in connection with Amas P.S. Case

          No. 404 of 2024, 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) each with two sureties of the

          like amount each to the satisfaction of the learned court below
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                      where the case is pending/successor court in connection with

                      Amas P.S. Case No. 404 of 2024 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