Raju KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.292 of 2026
                       Arising Out of PS. Case No.-623 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Raju Kumar Son of Sri Alakh Singh @ Alaiw Singh Resident of Ward No.
                  10, Mirzapur, Village- Bharpura, P.S.- Sonepur, District- Saran, Pin Code-
                  841101, Bihar
           2.    Sonu Kumar Son of Sri Alakh Singh @ Alaiw Singh Resident of Ward No.
                 10, Mirzapur, Village- Bharpura, P.S.- Sonepur, District- Saran, Pin Code-
                 841101, Bihar
           3.    Geeta Devi Wife of Sri Alakh Singh @ Alaiw Singh Resident of Ward No.
                 10, Mirzapur, Village- Bharpura, P.S.- Sonepur, District- Saran, Pin Code-
                 841101, Bihar

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sarita Devi Wife of Pramod Ram Resident of Village- Bharpura, P.S.-
                 Sonepur, District- Saran, Chhapra, Pin Code- 841101, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Anand Kumar Tiwari
                                                  Mr. Aditya Bhardwaj, Adv
                                                  Ms. Harshita Ranjan, adv
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-07-2026                  1. Heard learned counsel for the appellants and

                   learned Spl. PP Sadanand Paswan 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 17.09.2025 in A.B.P. No. 3091 of 2025 passed by

                   the learned Exclusive Special Judge S.C./S.T. (POA) Act, East

                   Chapra, Saran in connection with Sonepur SC/ST P.S. Case No.
Patna High Court CR. APP (SJ) No.292 of 2026(4) dt.06-07-2026
                                             2/4




          623 of 2025 registered for the offences punishable under

          Sections 126(2), 115(2), 74, 303(2), 109, 352, 351(2) and 3(5)

          of the BNS, 2023 as well as Sections 3(1)(r), 3(1)(s) of the

          SC/ST Act.

                       3. Learned counsel for the appellants submits that

          from perusal of the office report dated 29.06.2026, it would

          manifest that notice has been validly received by respondent no.

          2 but then it is submitted respondent no. 2 despite receiving

          notice chooses not to appear and contest. It is next submitted

          that appellants have antecedent of two cases out of which one

          case was instituted by side of the informant. It is next submitted

          that informant alleges that on 25.06.2025 at 3:00 PM, her

          daughter had gone to pick mangoes when Raju acted

          inappropriately with her, on alarm, informant went to place of

          occurrence when she was assaulted, thereafter appellant along

          with named accused persons came to her house and abused by

          taking caste name and assaulted her causing injury on hand and

          leg and also assaulted her husband by bricks causing injury on

          chest and the injured were taken to the hospital.

                       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 daughter of the informant
Patna High Court CR. APP (SJ) No.292 of 2026(4) dt.06-07-2026
                                             3/4




          was found plucking mangoes from the orchard of the appellant

          and others and the same was objected on account of which the

          instant false case came to be instituted. It is further submitted

          that from perusal of the allegations as alleged in the FIR, it

          would manifest that allegation of assault and abuse is general

          and omnibus in nature. It is further submitted that even

          presuming that what has been alleged is true without admitting

          then entire occurrence took place at the house of the informant

          and thus was not in public view. It is reiterated and submitted

          that on account of dispute relating to plucking of mangoes, the

          present false case came to be implicated with general and

          omnibus allegation. It is thus submitted that this perhaps explain

          why the informant despite receiving notice chooses not to

          appear and contest.

                       5. Learned Special P.P. for the State opposes the

          appeal.

                       6. After hearing the learned counsel for the parties

          and taking into consideration the submissions made by the

          learned counsel for the appellants, the order dated 17.09.2025 in

          A.B.P. No. 3091 of 2025, is hereby set aside and the appellants

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

          period of six weeks from today, be released on anticipatory bail
               Patna High Court CR. APP (SJ) No.292 of 2026(4) dt.06-07-2026
                                                            4/4




                         on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

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

                         of the learned Trial Court where the case is pending/successor

                         court in connection with Sonepur SC/ST P.S. Case No. 623 of

                         2025 subject to the conditions as laid down under Section 482

                         (2) of the BNSS.

                                      7. Accordingly, the appeal stands allowed.



                                                    (Satyavrat Verma, J)
rajesh/-

U          T