Saroj MahtoversusThe State Of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3442 of 2025
                      Arising Out of PS. Case No.-23 Year-2025 Thana- Maghopur District- Gopalganj
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           1.     Saroj Mahto S/O Hira Mahto R/O Village- Belsand, P.S.- Madhopur,
                  District- Gopalganj
           2.    Hira Matho S/O Raghunath Mahto R/O Village- Belsand, P.S.- Madhopur,
                 District- Gopalganj

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State Of Bihar Patna
           2.    Om Prakash Kumar S/O Pradip Manjhi R/O Village- Belsand, P.S.-
                 Madhopur, District- Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Sachina
                 For the Respondent/s    :        Mr.Usha Kumari 1, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   20-01-2026              1.     Heard learned counsel for the appellants and learned

                   Spl. P.P. for the State, Ms. Usha Kumari No. 1.

                            2.     No one appears on behalf of the informant.

                            3.     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 24-7-2025 in

                   A.B.P. No. 1035 of 2025 passed by the learned Additional Sessions

                   Judge-11-cum-Special Judge S.C./S.T. (POA) Act, Gopalganj in

                   connection with Madhopur P.S. Case No. 23 of 2025 registered for

                   the offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2) and 3(5) as well as Sections 3(1)(r)(s) and 3(2)(va) of the
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          SC/ST Act.

                    4.    Learned counsel for the appellants submits that the

          appellants are persons with clean antecedent and the informant

          alleges that he was going to purchase meat on 14-3-2025 at 2 pm and

          when he reached near the house of Kokie when he was intercepted by

          the accused persons including the appellants along with three women

          and three unknown accused and they started abusing by taking caste

          name, on objection all the accused assaulted him and Mantu

          assaulted by Gadasa causing injury on head, while Bhagwan spat on

          his face and Sandip took Rs. 2,700 from his pocket.

                    5.    Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that as far as allegation of abuse is

          alleged, the same is general and omnibus in nature. It is further

          submitted that it does not appear probable that all the accused in one

          go would have abused the informant by taking caste name. It is next

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

          would manifest that specific allegation of assaulting the informant by

          Gadasa causing injury on head is against Mantu and while Bhagwan

          is alleged to have spat on his face and Sandip is alleged to have taken

          Rs. 2,700 from his pocket and as far as appellants are concerned, the

          allegation against them is general and omnibus in nature. It is also

          submitted that appellant no. 2 has remained a person with clean

          antecedent all throughout but all of a sudden made an accused. It is
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                        further submitted that the date of occurrence is 14-3-2025 and the

                        FIR came to be instituted on 16-3-2025, i.e., after a delay of two days

                        without any plausible explanation which amply demonstrates that the

                        FIR was instituted by way of afterthought.

                                  6.    Learned Spl. P.P. for the State opposes the prayer for

                        anticipatory bail of the appellants.

                                  7.    Considering the aforesaid facts, let the appellants

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

                        learned trial court within a period of six weeks from today, be

                        released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                        (Rupees Ten 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 the aforesaid case,

                        subject to the conditions as laid down under Section 482 (2) of the

                        BNSS.

                                  8.    Accordingly, the impugned order is set aside and the

                        appeal stands allowed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T