Indra Shekhar Maharaj @ I. S. Maharaj @ Raja Maharaj @ Indra ShekharversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1947 of 2025
                        Arising Out of PS. Case No.-90 Year-2024 Thana- SC/ST District- Madhubani
                 ======================================================
           1.     Indra Shekhar Maharaj @ I. S. Maharaj @ Raja Maharaj @ Indra Shekhar
                  S/O Late Sita Ram Maharaj R/O Vill.- Sangikoriya Tol, P.s.- Phulparas,
                  Dist.- Madhubani
           2.    Raushan Kumar Maharaj @ Raushan Maharaj @ Dhananjay Kumar Mahraj
                 S/O Indra Shekhar Maharaj @ Raja Maharaj R/O Vill.- Sangikoriya Tol,
                 P.s.- Phulparas, Dist.- Madhubani

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Mostt Purni Devi W/O Bachaan Mallick R/O Vill.- Sijauliya, P.s.- Phulparas,
                 Dist.- Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Gagandev Yadav
                                                   Mr. Ravi Prakash
                                                   Mr. Rajesh Kumar
                 For the Respondent/s     :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   18-06-2026                  1. Heard the learned counsel for the appellants and

                   the learned Special Public Prosecutor for the State.

                                2. The appellants have challenged the order dated

                   18.03.2025 passed by the learned Additional Sessions Judge 1-

                   cum-Special Judge, SC/ST Act, Madhubani in connection with

                   ABP No.420 of 2025 arising out of SC/ST P. S. Case No. 90 of

                   2024, instituted for the offences under Sections 126, 115(2), 76,

                   303(2), 352, 351(2) and 3(5) of the B.N.S and Sections 3(i)(r)

                   (s)w(i), 3(2)(va) of the Scheduled Castes & Scheduled Tribes

                   (Prevention of Atrocities) Act, 1989, whereby their prayer for
Patna High Court CR. APP (SJ) No.1947 of 2025(4) dt.18-06-2026
                                             2/4




          grant of anticipatory bail has been rejected.

                       3. The learned counsel appearing on behalf of the

          appellants submits that from perusal of the office report dated

          04.05.2026, it would manifest that the notice has been validly

          served upon the responded no.2, thereafter the case was taken

          up on 21.05.2026 and one more opportunity was granted to the

          respondent no.2 to appear but it appears that respondent no.2

          despite receiving notice validly chooses not to appear and

          contest. It is next submitted that appellants are persons with

          clean antecedent and the informant alleges that during Chhat

          festival, she had gone to sell her bamboo pot in the village and

          Indra Shekhar @ Raja Maharaj purchased two bamboo pots

          from her but did not pay the money, as such, on 08.11.2024 at

          about 2.00 PM, the informant along with her daughter-in-law

          went to the house of Indra Shekhar and Raushan and demanded

          her money, on which appellants abused her by caste name and

          assaulted her. Further, Raushan pushed the daughter-in-law of

          the informant and sat on her chest and even torn her clothes and

          Indra Shekhar snatched nose-pin of the informant and Rs.

          2400/- in cash, on alarm people gathered hence, they were

          saved.

                       4. The learned counsel submits appellants have been
Patna High Court CR. APP (SJ) No.1947 of 2025(4) dt.18-06-2026
                                             3/4




          falsely implicated in the instant case by the informant. It is next

          submitted appellants and the informant reside nearby and pigs

          of the informant at times entered the field of the appellants on

          which objection is raised, as such, the instant false case came to

          be instituted. It is next submitted that it does not appear

          probable that the appellants after purchasing two bamboo pots

          would not have paid the money to the informant. It is further

          submitted that even presuming what has been alleged is true

          without admitting, then the entire occurrence took place at the

          house of the appellants, as such, was not in public view hence,

          rigor of section 18 of the SC/ST (P.O.A.) Act will not apply. It is

          also submitted that there is no injury report on record and the

          allegation of assault and abuse is exaggerated and this perhaps

          explains why the respondent no.2 despite receiving notice

          chooses not to appear and contest.

                       5. The learned Special P.P. opposes the appeal.

                       6. Regard being had to the aforesaid submissions, the

          order dated 18.03.2025 is set-aside.

                       7. The appeal stands allowed.

                       8. The appellants, above-named, in the event of their

          arrest or surrender before the learned Court below within a

          period of eight weeks, are directed to be released on bail on
               Patna High Court CR. APP (SJ) No.1947 of 2025(4) dt.18-06-2026
                                                            4/4




                         their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees

                         Five Thousand) each with two sureties of the like amount each

                         to the satisfaction of learned Additional Sessions Judge 1-cum-

                         Special Judge, SC/ST Act, Madhubani in connection with

                         SC/ST PS Case No. 90 of 2024, subject to the conditions laid

                         down under Section 438(2) of the Cr.P.C.



                                                    (Satyavrat Verma, J)
vikash/-

U          T