LALBABU SAHNIversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3774 of 2023
                    Arising Out of PS. Case No.-47 Year-2022 Thana- HATHAURI District- Muzaffarpur
                 ======================================================
           1.     LALBABU SAHNI S/O LATE KAPIL SAHNI R/O VILLAGE- SIMRI,
                  P.S- HATHAURI, DISTT.- MUZAFFARPUR.
           2.     BITTU SAHNI @ RAM CHALITAR SAHNI @ BILTU SAHNI S/O
                  JANAK SAHNI R/O VILLAGE- SIMRI, P.S- HATHAURI, DISTT.-
                  MUZAFFARPUR.
                                                              ... ... Appellant/s
                                          Versus
                 The State of Bihar
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Priyesh Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   16-04-2026                 1. Heard learned counsel for the appellants and

                   learned Special Public Prosecutor 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 14.10.2022 in A.B.P. No. 3871 of 2022 passed by

                   the learned 1st Additional District & Sessions Judge-cum-

                   Special Judge, SC/ST (POA) Act, Muzaffarpur in connection

                   with Hathauri P.S. Case No. 47 of 2022 registered under

                   Sections 147, 148, 341, 323, 332, 307, 353, 448, 506 and 509 of

                   the Indian Penal Code, Section 9 of the Loudspeaker Act,

                   Sections 3 and 4 of the Epidemic Act as well as Sections 3(i)(r)
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          (s) of the SC/ST Act.

                       3. Learned counsel appearing on behalf of the

          appellants submits that appellants are persons with clean

          antecedent. It is further submitted that informant is the Officer-

          in-Charge and despite receiving the notice chooses not to

          appears and contest. It is next submitted that in sum and

          substance, the allegation as alleged in the FIR is that a scuffle

          with the police ensued and co-accused persons including the

          appellants created hindrance in discharge of official duty by the

          informant and other police persons and even abused by taking

          caste name.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that it does not appear

          probable that all accused in one go would have abused the

          informant. It is next submitted that allegation is general and

          omnibus in nature. It is also submitted that Umesh Sahni along

          with two others had approached this Court seeking anticipatory

          bail by filing Cr. Appeal (SJ) No. 1524 of 2022 and the same

          came to be allowed by an order dated 14.07.2022 passed by a

          learned the then Coordinate Bench of this Court and, thus, based

          on parity seeks anticipatory bail.
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                                  5. Learned Special Public Prosecutor for the State

                     opposes the prayer for anticipatory bail of the appellants.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of 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 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 in connection with the aforesaid

                     case, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T