Manoj Chaudhary @ Manoj Kumar Chaudhary @ AngrejversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1541 of 2025
                      Arising Out of PS. Case No.-305 Year-2023 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Manoj Chaudhary @ Manoj Kumar Chaudhary @ Angrej S/o Jaglal
                 Chaudhary R/o Mohalla - Durga Charan Lane, P.s.- Alamganj, Distt.- Patna

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Vicky Kumar Choudhary @ Vicky Choudhary S/o Yogendra Choudhary R/o
                 Mohalla - Badi Patan Devi Hajama Gali, P.S.- Alamganj, Distt.- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Pramod Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   13-02-2026                    Heard learned counsel for the appellant and learned

                   Special Public Prosecutor appearing for the State.

                                  2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   05.03.2025 passed by learned Exclusive Special Court SC-ST

                   Act, Patna, in A.B.P. No. 637 of 2025 in connection with

                   Khajekala P.S. Case No. 305 of 2023 registered under Sections

                   302, 120B/ 34 of the I.P.C, Section 27 of the Arms Act and

                   Section 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby

                   the prayer for grant of anticipatory bail of the appellant has been
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          rejected.

                          3. As per the prosecution case, on 30.07.2023 at

          about 08:00 A.M., the informant along with his elder brother

          Santosh Kumar had gone to Khajekala Ghat to attend the funeral

          of late Bablu Singh. When the informant was returning home he

          saw his brother talking with the appellant along with 3-4

          unknown persons at the said Ghat. On being reached home, the

          informant received an information that his elder brother Santosh

          Kumar had been shot near Khajekala Ghat, and he was taken to

          N.M.C.H., Patna, where Doctor declared him dead. Thereafter, a

          suspicion was raised by the informant that all the named

          accused persons including the appellant had conspired and

          killed his brother.

                          4. Learned counsel appearing for the appellant

          submits that the appellant bears clean antecedent and has falsely

          been implicated in this case merely on the basis of being present

          at the Khajekal Ghat. It has further been submitted that neither

          the appellant has any concern with the said occurrence nor any

          overt act has been alleged by the eye witnesses who were

          present at the Ghat. He further submits that no case, as alleged

          in the F.I.R, attracting rigours of SC & ST Act, is made out

          against the appellant. Hence, the impugned order may be set
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          aside and the appellant may be granted the privilege of

          anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          and learned counsel for the respondent no. 2 have vehemently

          opposed the prayer for grant of anticipatory bail to the appellant

          and submits that this is a case under Section 302 of the I.P.C.

          and the presence of appellant was there at the place of

          occurrence.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that the appellant bears clean

          antecedent coupled with the fact that the place of occurrence is a

          burning ghat and the presence of appellant does not appear to be

          unusual and no overt act has been alleged against the appellant,

          let the above named appellant in the event of his arrest/surrender

          within a period of six weeks be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Court SC-ST Act, Patna, in connection with Khajekalan

          P.S. Case No. 305 of 2023, subject to the conditions laid down

          under Section 482(2) of the B.N.S.S/Section 438(2) of the

          Cr.P.C.

                       7. Accordingly, this appeal is allowed and the
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                        impugned order dated 05.03.2025 rejecting the prayer for grant

                        of anticipatory bail to the appellant is, hereby, set aside.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T