SUDHIR KUMAR @ SUDHIR KR. YADAVversusTHE STATE OF BIHAR

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (SJ) No.2742 of 2023

                    Arising Out of PS. Case No.-502 Year-2022 Thana- ARWAL District-
                                                 Jehanabad
                 ======================================================
                 SUDHIR KUMAR @ SUDHIR KR. YADAV SON OF JAI SINGH YADAV @ JAI
                 SINGH R/O Village- Bandeli Bigha, PS. and Dist.Arwal

                                                                    ... ... Appellant/s
                                               Versus
           1.    THE STATE OF BIHAR
           2.    SANTOSH KR. S/O SRI SURESH PASWAN R/O Village- Bandeli, Bigha, PS.
                 and Dist. Arwal

                                                                ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s   :      Mr. Asha Kumari, Adv.
                 For the Respondent/s  :      Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

4   04-02-2026                 Heard learned counsel for the appellant and

                  learned Special Public Prosecutor appearing for the State.

                               2. Though notices were issued to respondent

                  No.2 vide order dated 25.08.2023, but there is no

                  representation on behalf of respondent No.2.

                               3. 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 11.05.2023 passed by learned Additional District

                  Judge-I -cum- Special Judge, SC/ST, Jehanabad in A.B.P. No.

                  636 of 2023 in connection with Arwal P.S. Case No. 502 of
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          2022 registered under Sections 379, 511, 323 and 504 of the

          Indian Penal Code and Section 3(i)(r)(s), 3(2)(Va) of

          Schedule Caste and Schedule Tribe (Prevention of Atrocities)

          Act, 1989, whereby the prayer for grant of anticipatory bail

          of the appellant has been rejected.

                          4. As per the prosecution case, the informant has

          alleged that on 19.10.2022 at 12:40 A.M. upon some sound,

          he opened the door and saw that his neighbour, Sudhir

          Kumar Yadav entered in his house with intention to commit

          theft. Upon alarm being raised by him, he started abusing

          the informant with his caste name and fled away with the

          help of staircase and his mobile was dropped while he was

          fleeing. It is further alleged that the appellant used to abuse

          the informant with his caste name on several occasions.

                          5. Learned counsel appearing for the appellant

          submits that no offence under Section 379 read with Section

          511 of the I.P.C. is made out against the appellant. He further

          submits that as far as allegation of abuse is concerned, it has

          not been stated with the caste name of the informant at the

          particular point of time. He further submits that the mobile

          recovered from the place of occurrence does not belong to

          the appellant. He also submits that the appellant is a man of
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          clean antecedent and has not committed offence as alleged

          in the F.I.R. 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.

                          6.      Learned          Special       Public   Prosecutor

          vehemently opposed the prayer for grant of anticipatory bail

          of the appellant and submitted that it has categorically

          alleged in the F.I.R. that the appellant used to abuse the

          appellant by his caste name on several occasions.

                          7.     Considering           the       entire   facts   and

          circumstances of the case and also the fact that the appellant

          has not abused the informant in a public view and he bears

          clean antecedent, 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) each with two sureties of the like amount each to

          the satisfaction of the learned A.D.J._I -cum- Special Judge,

          SC/ST, Jehanabad in connection with Arwal P.S. Case No. 502

          of 2022 subject to the conditions laid down under Section

          482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C..

                       8. Accordingly, this appeal is allowed and the

          impugned order dated 11.05.2023 rejecting the prayer for
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                      grant of anticipatory bail to the appellant is, hereby, set

                      aside.



                                                 (Praveen Kumar, J)
brajesh/-

U       T