Rakesh Singh @ Rakesh Kumar SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2991 of 2025
                         Arising Out of PS. Case No.-24 Year-2025 Thana- SC/ST District- Vaishali
                 ======================================================
           1.     Rakesh Singh @ Rakesh Kumar Singh S/O Late Ramchandra Singh R/O
                  Village- Imdapur, PS- Bhagwanpur, Distt- Vaishali
           2.    Amresh Singh S/O Late Ramchandra Singh R/O Village- Imdapur, PS-
                 Bhagwanpur, Distt- Vaishali

                                                                                     ... ... Appellant/s
                                                         Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Satish Kumar Sinha
                                                   Ms.Asmita Srivastav
                                                   Mr.Sunil Kumar Singh
                 For the Respondent/s     :        Ms.Usha Kumari 1- Special P.P.
                                                   Mr.Rajeev Ranjan No.II
                                                   Ms.Kumari Seema Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   02-04-2026                  1. Heard the learned counsel for the appellants, the

                   learned Special Public Prosecutor for the State and the

                   learned counsel appearing on behalf of the informant.

                                2. The appellants have challenged the order dated

                   10.06.2025 passed by the learned Exclusive Special Judge,

                   SC/ST, Vaishali at Hajipur in connection with ABP No.1325

                   of 2025 arising out of SC/ST P. S. Case No.24 of 2025,

                   instituted for the offences under Sections 115(2), 352,

                   351(2), 324(2), 324(6), 3(5) of the B.N.S. and Sections 3(1)

                   (r)(s),3(2)(va) of the Scheduled Castes & Scheduled Tribes
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          (Prevention of Atrocities) Act, 1989, whereby their prayer

          for grant of anticipatory bail has been rejected.

                       3. The learned counsel appearing on behalf of the

          appellants submits that appellants have antecedent of two

          cases. It is further submitted that Sections of B.N.S. are

          bailable. It is further submitted that informant alleges that

          Rakesh came to his shop and committed theft of his laptop,

          on search it came to notice that Rakesh committed theft of

          laptop through CCTV. Further, brother of Rakesh namely

          Amresh on coming to know about the CCTV, handed over

          the laptop to his cousin brother after dismantling it.

          Accordingly, the informant along with his brother went to

          the house of Rakesh when accused persons including the

          appellants abused by taking caste and threatened them.

                       4. The 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 case diary, it would manifest that the supervision note

          records with regard to the CCTV footage, but then,

          supervision report is not admissible in evidence. It is further

          submitted that Rakesh had not committed theft of laptop
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          rather had taken the laptop after consent of the informant,

          but later it was found that the laptop was not working,

          hence it was returned. It is also submitted that it does not

          appear probable that had theft of laptop been committed, in

          that event, the brother of Rakesh would have gone to return

          the laptop. It is also submitted that as far as allegation of

          abuse and threat is alleged, the same is general and omnibus

          in nature and even presuming what has been alleged is true

          without admitting, then the entire occurrence took place in

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

                       5. The learned Special P.P. as well as the learned

          counsel appearing on behalf of the informant opposes the

          appeal.

                       6. Regard being had to the aforesaid submissions,

          the order dated 10.06.2025 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 their furnishing bail-bonds in the sum of

          Rs.5,000/- (Rupees Five Thousand) each with two sureties
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                         of the like amount each to the satisfaction of learned

                         Exclusive Special Judge, SC/ST, Vaishali at Hajipur in

                         connection with ABP No.1325 of 2025 arising out of SC/ST

                         P. S. Case No.24 of 2025, subject to the conditions laid

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



                                                    (Satyavrat Verma, J)
vikash/-

U          T