Bablu Singh KushwahaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1614 of 2026
                     Arising Out of PS. Case No.-586 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Bablu Singh Kushwaha S/O Suryalal Singh Kushwaha R/O Vill.- Balchand
                 Hata, P.S.- Siwan Mufassil, Dist.- Siwan. Presently R/at Vill.- Rajapur, P.S.-
                 Uchkagaon, Dist.- Gopalganj, Bihar.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.     Rajendra Ram S/O Nathuni Ram R/O Vill.- Chak Mahmuda, P.s.-
                  Maharajganj, Dist.- Siwan.
                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Priyanshu Kumar Singh, Advocate
                 For the State           :        Ms. Abha Singh, Spl.PP
                 For the Informant       :        Mr. Prashant Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-06-2026                 Heard learned counsel appearing for the appellant,

                   learned Special Public Prosecutor appearing for the respondent-

                   State      and       learned        counsel        appearing         for         the

                   informant/Respondent No. 2.

                               2. This appeal has been filed for setting aside order

                   dated 25.03.2026 passed in a case registered for the offence

                   punishable under Sections 316(2), 318(2), 351(2) and 352 of the

                   B.N.S., whereby the prayer for grant of anticipatory bail of this

                   appellant has been rejected.

                               3.     As per prosecution case, it is alleged that on

                   19.11.2025, this appellant, along with 3-4 unknown persons,

                   came at Office of informant and started abusing him and
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          threatened to kill him.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. As per F.I.R., the alleged occurrence took

          place on 19.11.2025 whereas the present F.I.R. has been lodged

          after inordinate delay of 20 days on 09.12.2025 and there is no

          plausible explanation for the same which itself makes the entire

          prosecution case doubtful. As a matter of fact, appellant has

          given complaint against the informant before the Secretary,

          Panchayati       Raj     Department,        Government   of   Bihar   on

          30.05.2025 and also before the Vigilance Department, acting

          upon which the concerned officials have directed the District

          Magistrate, Gopalganj to conduct an enquiry and in retaliation

          of the same and only with a view to put pressure upon the

          appellant to withdraw the aforesaid complaint, this false and

          concocted case has been lodged. It is further submitted that it is

          not the case of the prosecution that any member of public was

          present at the place of occurrence 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 antecedents.

                       5. Learned Spl. P.P. appearing for the respondent-State
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                       and learned counsel appearing for the informant/Respondent

                       No. 2 have vehemently opposed the prayer for grant of bail to

                       the appellant.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, delay in lodging

                       of the F.I.R. and clean antecedents of the appellant, this appeal

                       is allowed and the impugned order dated 25.03.2026 passed by

                       the learned District and Additional Sessions Judge-XI-cum-

                       Special Judge, SC/ST (POA) Act, Gopalganj in connection with

                       A.B.P. No. 99 of 2026 arising out of Mirganj P.S. Case No. 586

                       of 2025 is hereby set aside with respect to this appellant only.

                                    7. Accordingly, let the appellant, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged on

                       bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned District and Additional Sessions Judge-XI-cum-Special

                       Judge, SC/ST (POA) Act, Gopalganj in connection with Mirganj

                       P.S. Case No. 586 of 2025.



                                              (Prabhat Kumar Singh, J)
shashank/-
U      T