Vivek Kumar Sharma @ Vivek KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.205 of 2026
                     Arising Out of PS. Case No.-341 Year-2025 Thana- JAMOBAZAR District- Siwan
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                 Vivek Kumar Sharma @ Vivek Kumar S/O Shambu Sharma Resident of Vill-
                 Bahadurpur, P.S-Jamo Bazar, Distt.- Siwan.
                                                                   ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Radhika Devi W/O Balindra Manjhi R/O Village- Bahadurpur, P.S- Jamo
                  Bazar, Distt.- Siwan.
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Kumari Anupam, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-06-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               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 03.12.2025 in A.B.P. No. 3087 of 2025 passed by

                   the learned 1st Additional Sessions Judge-cum-Special Judge,

                   Siwan in connection with Jamo Bazar P.S. Case No. 341 of 2025

                   registered under Sections 126(2), 115, 118(2) and 3(5) of the

                   BNS as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the

                   SC/ST Act.

                               3. Learned counsel appearing on behalf of the
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          appellant submits that from perusal of the office report dated

          21.04.2026, it would manifest that the ordinary notice has been

          validly served upon the respondent no 2 but then the respondent

          no. 2, despite receiving the notice, chooses not to appear and

          contest.

                       4. Learned counsel appearing on behalf of the

          appellant submits that appellant has antecedent of one case and

          the informant alleges her son Sukesh works outside the village.

          Further, Vivek and Amit are boys of criminal nature and

          whenever son of the informant comes to the village, the accused

          persons including the appellant abused him by taking caste

          name. Further, on 19.08.2025, the son of the informant had

          come home, when the accused persons started abusing him and

          when he objected, he was assaulted on account of which he

          became unconscious and was taken to the hospital.

                       5. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of abuse and assault is general and omnibus in nature.

          It is next submitted that the order impugned records that even

          the injury suffered by the injured has been opined to be simple
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                     in nature, as such, it appears that an exaggerated allegation has

                     been alleged that her son became unconscious on account of

                     assault and was taken to the hospital. It is also submitted that

                     this perhaps explains why the respondent no. 2 despite receiving

                     the notice chooses not to appear and contest.

                                  6. Learned Special Public Prosecutor for the State

                     opposes the prayer for anticipatory bail of the appellant.

                                  7. Considering the submissions made by the learned

                     counsel appearing on behalf of the appellant, let the appellant,

                     above-named, in the event of his arrest or surrender within a

                     period of six weeks from the date of receipt of the order, be

                     released on anticipatory bail on furnishing bail bonds of

                     Rs.5,000/- (Rupees Five Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending in connection with the aforesaid case,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.

                                  8. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T