Alok KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.3660 of 2025
                          Arising Out of PS. Case No.-15 Year-2025 Thana- MAIN P.S. District- Gaya
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                 Alok Kumar S/O Munna Prasad @ Shambhu Prasad R/O Vill.- Daulatpur,
                 P.S.- Alipur, Dist.- Gaya.

                                                                                      ... ... Appellant/s
                                                          Versus
           1.    The State of Bihar
           2.    Baij Nath Kumar S/O Shyam Charan Mochi R/O Vill and P.O.- Kespa, P.S.-
                 Alipur, Dist.- Gaya- 824235

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :        Mr.Amarnath Singh, Advocate
                 For the Respondent/s      :        Ms.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   16-04-2026                     Heard learned counsel for the appellant and learned

                   Spl. PP for the State.

                                 2. The appellant has preferred the appeal under

                   Section 14(A)(2) of the SC/ST Act against the rejection of

                   prayer for pre-arrest bail vide order dated 06.08.2025 passed by

                   learned Exclusive Special Judge, SC/ST Gaya,                               in ABP

                   No.211/2025 in connection with Men P.S. Case No. 15/2025

                   registered under Sections 191(2),190,126,115(2),117,352,351(2)

                   of the BNS and Sections 3(1)(r),3(1)(s),3(2)(va) of the SC/ST

                   Act.

                                 3. As per the allegation made in the F.I.R., the accused

                   persons named therein including the appellant have slated the
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          informant in the name of his caste and also assaulted him,

          causing head injury.

                       4. Learned counsel appearing on behalf of the

          appellant submitted that the appellant is innocent and has falsely

          been implicated in the present case. Appellant has no concern

          with the aforesaid occurrence. He has been falsely implicated in

          the case due to enmity. The allegation levelled against the

          appellant is not specific rather general and omnibus in nature.

          The injury sustained by the informant has been opined by the

          doctor to be simple in nature, caused by hard and blunt

          substance. Appellant has clean antecedent.

                       5. Learned Spl.PP for the State has opposed the prayer

          for grant of bail to the appellant.

                       6. Having heard the rival submissions made on behalf

          of the parties and upon perusal of the allegations made in the

          FIR, it appears that only general and omnibus allegations have

          been levelled against the appellant that he, along with other co-

          accused persons, assaulted the informant, however, the injury

          sustained by the informant has been opined by the doctor to be

          simple in nature, caused by hard and blunt substance. It is

          further not ascertainable from the record that the appellant

          abused the informant by uttering caste-related words in public
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                     view. In such circumstances, the impugned order dated

                     06.08.2025 is quashed and set-aside as the bar under Section 18

                     of the SC/ST Act is not attracted.

                                  7. The trial court is directed to release the appellant,

                     above named, who is having clean antecedent,           on bail, in the

                     event of his arrest or surrender before the learned District Court

                     within a period of four weeks, on furnishing bail bond of Rs.

                     10,000/- (Ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned District Court where the

                     case is pending in connection with Men P.S. Case No.15/2025,

                     subject to the condition as laid down under Section 438 (2) of

                     the Cr.P.C / 482 (2) of the BNSS.

                                  8. Accordingly, the appeal is allowed.


                                                (Purnendu Singh, J)

Sanjay/-

U      T