Aman Singh @ Aman KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2785 of 2025
                      Arising Out of PS. Case No.-72 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
           1.     Aman Singh @ Aman Kumar S/o- Late Arun Singh R/O- Khawajepur PS-
                  Yadopur District- Gopalganj
           2.    Bulet Singh @ Pawan Singh S/o- Ashok Singh R/O- Khawajepur PS-
                 Yadopur District- Gopalganj
           3.    Munna Singh @ Abishek Singh S/o- Ashok Singh R/O- Khawajepur PS-
                 Yadopur District- Gopalganj

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Ankit Kumar Paswan S/o- Nagina Paswan R/O- Hathtua More Rajmohan
                 Ward No-23, PS- Mirganj District- Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Shashank Shekhar
                 For the Respondent/s    :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   30-06-2026                 1. Heard learned counsel for the appellants, the

                   learned Special P.P. Ms. Usha Kumari No.I for the State and the

                   learned counsel appearing on behalf of the informant.

                               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 18.06.2025 in A.B.P. No. 1029 of 2025, arising out

                   of Mirganj P.S. Case No.72 of 2025, passed by the learned

                   Additional Sessions Judge-XI-cum-Special Judge, SC/ST
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          (POA) Act, Gopalganj,                registered under Sections 126(2),

          115(2), 352, 351(2), 109, 3(5) of the BNS, 2023 and Sections

          3(i)(r), 3(1)(s) of the SC/ST (POA) Act.

                       3. Learned counsel for the appellants submits that

          appellant no.1 has antecedent of two cases, as recorded in the

          supplementary affidavit and appellant no.2 and 3 are persons

          with clean antecedent and the informant alleges that he had gone

          to market 11.02.2025 at 4.30 P.M., when five named accused

          persons including the appellants along with 8-10 unknown

          accused came and abused him by taking caste name, on the

          pretext that informant and others do not vacate the pitch when

          they come to play, on which, informant said that they were

          playing from before, thereafter on order of Aman, all the

          accused persons forcibly put the informant in a car and took him

          to Jigna Government School and tied him and assaulted after

          unveiling him by belt, lathi and also video-graphed the

          occurrence, further his family members informed the police,

          who came and saved him.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that
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          allegation of abuse and assault is general and omnibus in nature.

          It is further submitted that the informant alleges in the FIR that

          he was assaulted by the accused persons hence his family

          members called the police and when police came, the informant

          was saved but then no FIR was instituted on the date of

          occurrence rather the FIR came to be instituted on 15.02.2025

          i.e. after a delay of more than four days, which casts an

          aspersion on the case of the prosecution.

                       5. Learned Special Public Prosecutor and the learned

          counsel appearing on behalf of the informant opposes the appeal

          but then are not in a position to rebut the submission of the

          learned counsel appearing on behalf of the appellants that

          allegation of abuse and assault is general and omnibus in nature

          and the FIR was instituted after a delay of more than four days.

                       6. Considering the submissions of the learned counsel

          for the appellants, let the appellants, above named, in the event

          of their 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 bond of Rs.5,000/- (rupees five thousand) each

          with two sureties of the like amount each to the satisfaction of

          the learned court below where the case is pending in connection

          with the aforesaid case, subject to the conditions as laid down
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                       under Section 482(2) of the BNSS.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T