Lala YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4035 of 2024
                           Arising Out of PS. Case No.-2 Year-2024 Thana- Mau District- Gaya
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                 Lala Yadav S/o Janeshar Yadav R/o Vill - Idinpur, P.S. - Mau, Distt. - Gaya

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Ajay Kumar Paswan S/o Rajendra Paswan R/o vill - Idinpur, P.S. - Mau,
                 Distt. - patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Shashank Shekhar, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   08-01-2026                    1. Heard learned counsel for the appellant and

                   learned Special 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 22.07.2024 in A.B.P. No. 235 of 2024 passed by the

                   learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in

                   connection with Mau P.S. Case No. 02 of 2024 registered for the

                   offences punishable under Sections 147, 149, 341, 342, 323,

                   308, 504 and 506 of the Indian Penal Code as well as Sections

                   3(i)r)(s) and 3(2)(va) of the SC/ST Act.
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                          4. Learned counsel for the appellant submits that

          the appellant is a person with clean antecedent and the

          informant alleges that on 24.03.2024 his son Gautam was

          returning home when he saw one Shivani Kumari talking with a

          boy at Dak Baba, on seeing his son, the boy fled away and

          Shivani started assaulting his son and threatened not to disclose

          that she was talking to a boy to anyone, thereafter, brother of

          Shivani namely Nikhil came and dragged his son to his house

          where appellant along with 14 FIR named accused persons

          brutally assaulted his son by means of fist and slap and threw

          him outside the house in an unconscious state.

                          5. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          allegation of assault is general and omnibus in nature and as far

          as allegation of abuse is alleged, the same is also general and

          omnibus in nature. It is also submitted that it does not appear

          probable that all the accused persons in one go would have

          abused the son of the informant by taking caste name. It is also

          submitted that informant is not an eye witness to the occurrence.

          It is next submitted that though it is alleged that FIR named
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          accused persons assaulted his son but then injury suffered by the

          injured has been opined to be simple in nature which also belies

          the allegation of assault.

                          6. Learned Special P.P. for the State, Ms. Usha

          Kumari No. 1 opposes the appeal, but then is not in a position to

          rebut the submission of the learned counsel appearing on behalf

          of the appellant that the injury suffered by the injured has been

          opined to be simple in nature and the allegation of assault and

          abuse is also general and omnibus in nature, but then the learned

          Special PP submits that charge sheet has been submitted and

          cognizance has been taken, as such, a prima faice case is made

          out against the appellant, hence rigors of Section 18 of the

          SC/ST Act would apply, on which the learned counsel appearing

          on behalf of the appellant submits that no doubt cognizance

          signifies prima facie case, but then nature of the allegations as

          alleged in the FIR should also be appreciated.

                          7. The Court, after hearing the learned counsel for

          the parties, was inclined to extend the privilege of anticipatory

          bail to the appellant, but then considering the submission that

          charge sheet has been submitted and cognizance has been taken,

          as such, directs the appellant to surrender before the learned

          Trial Court on 19.01.2026 and the learned Trial Court on the
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                      same day shall dispose of the case keeping in mind the fact that

                      allegation of assault and abuse is general and omnibus in nature.

                                      8. Accordingly, the appeal is disposed of with the

                      aforesaid direction.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T