Binod Kumar @ Vinod SaoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4047 of 2024
                     Arising Out of PS. Case No.-232 Year-2024 Thana- GOVINDPUR District- Nawada
                 ======================================================
           1.     Binod Kumar @ Vinod Sao S/o Hira Saw Resident Of Village- Baniya
                  Bigha, Ps- Govindpur, District- Nawada
           2.    Pramod Sao @ Pramod Kumar @ Pramod Kumar Sao S/o Hira Saw R/o vill
                 - Baniya Bigha, P.S. - Govindpur, Distt. - Nawada
           3.    Chhotu Sao @ Chhotu Kumar Sao @ Chhotan Kumar Sao S/o Jugal Sao R/o
                 vill - Pandeydih, P.S. - Satgwan, Distt. - Koderma (Jharkhand)

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Arjun Ravidas S/o Munna Ravidas R/o vill - Baniya Bigha, P.S. -
                 Govindpur, Distt. - Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :       Mr. Sheo Kumar Prasad, Advocate
                 For the State           :       Mr. Binay Krishna, Special P.P.
                 For the Informant       :       Mr. Ram Prawesh Kumar, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   08-01-2026                 Heard learned counsel for the appellants, Mr. Binay

                   Krishna, learned Special P.P. for the State as well as learned

                   counsel appearing on behalf of the informant.

                               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 06.08.2024, passed by learned Exclusive Special

                   Judge, SC/ST Act, Nawada in connection with Govindpur P.S.
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          Case No.232 of 2024, registered under Sections 127(2), 126(2),

          115(2), 118(1), 352, 351(2) and 3(5) of B.N.S.,2023 as well as

          Section 3(1)(r)(s) of SC/ST (POA) Act.

                       3. Learned counsel appearing on behalf of the

          appellants, after some arguments, seeks permission to withdraw

          the appeal with respect to appellant no.1, Binod Kumar @

          Vinod Sao.

                       4. Permission is accorded.

                       5. The instant appeal is dismissed as withdrawn so far

          as petitioner no.1 is concerned.

                       6. Learned counsel appearing on behalf of the

          appellants submits that appellants no.2 and 3 are persons with

          clean antecedent and the informant alleges that on 23.07.2024,

          the accused persons including the appellants called the elder

          brother of the informant for a party and after the party when his

          brother was returning back to his house when all the accused

          persons including the appellants came to the house of the

          informant and started assaulting his brother and Vinod Sao

          assaulted Suraj Kumar by Farsa causing injury on neck.

                       7. 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
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          allegations, as alleged in the FIR, it would manifest that specific

          allegation of assaulting Suraj Kumar is against Vinod Sao. It is

          also submitted that the entire occurrence is alleged to have taken

          place at the house of the informant thus, was not in public view

          and the rigors of SC/ST Act would not apply and there is no

          allegation in the FIR that any of the appellants abused.

                       8. The learned Special P.P. and the learned counsel

          appearing on behalf of the informant oppose the appeal but then

          are not in a position to rebut the submission of the learned

          counsel appearing on behalf of the appellants that specific

          allegation of assaulting Suraj Kumar by Farsa is against Vinod

          Sao and as far as the appellants are concerned, the allegation

          against them is general and omnibus in nature.

                       9. Considering the submissions made by learned

          counsel for the appellants, let appellants no.2 and 3, above

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

          learned Trial Court 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 Govindpur P.S. Case No.232 of 2024, subject to
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                         the conditions as laid down under Section 482(2) of the

                         B.N.S.S.

                                      10. Accordingly, the impugned order is set aside and

                         the appeal stands allowed.


                                                    (Satyavrat Verma, J)

Sanjay/-

U          T