Gangesh Kumar @ Ganesh Kumar@ Gangesh MukhiyaversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4117 of 2025
                     Arising Out of PS. Case No.-75 Year-2025 Thana- Tilakeshwar District- Darbhanga
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           1.     Gangesh Kumar @ Ganesh Kumar@ Gangesh Mukhiya son of Ram
                 Sogarath Mukhiya @ Sogarath Mukhiya Resident of Ward No 2, Rahipura,
                 Post -Dinmo PS -Tilkeshwar, Dist- Darbhanga
           2.    Raja Mukhiya son of Bachan Mukhiya Resident of Ward No 2, Rahipura,
                 Post -Dinmo PS -Tilkeshwar, Dist- Darbhanga
                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.     Paro Devi Wife of Varun Manjhi Resident of Ward No 2, Rahipura, Post
                  -Dinmo PS -Tilkeshwar, Dist- Darbhanga
                                                                    ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s      :        Mr.Rajni Kant Singh, Adv.
                 For the Respondent/s     :        Mr.Binay Krishna, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

4   23-02-2026                  Heard learned counsel for the appellants, learned

                   counsel for respondent no.2 and the learned Special Public

                   Prosecutor for the State.

                                2. The appellants have challenged the order dated

                   18.08.2025 passed by the learned Court of Exclusive Special

                   Judge. SC/ST (POA), Darbhanga in connection with Tilkeshwar

                   P.S. Case No.75 of 2025 instituted for the offences under

                   Sections 115(2), 126(2), 110, 303(2), 351(2) & 3(5) of the BNS,

                   2023 and Section 3(1)(r) and 3(1)(s) of the SC & ST (POA)

                   Act,1989 whereby their prayer for grant of anticipatory bail has

                   been rejected.
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                       3. Prosecution case in brief is that, on the night of

          13.06.2025, while the complainant's son was sleeping, Naulesh

          Mukhiya, Ram Pravesh Mukhiya, Gangesh Mukhiya, Umesh

          Mukhiya, and Raja Mukhiya of his village came and lured him

          onto a motorcycle, took him to the river bank near the cremation

          ground north of the village, and began assaulting him with iron

          rods and sticks, intending to kill him. As a result of the assault,

          his son became unconscious. They snatched his mobile phone

          and then took him home, unconscious. They hurled caste-related

          abuses and threatened to kill him and his entire family if he told

          anyone. When they woke up, they found their son, Amit Kumar,

          lying unconscious. They took him to the Primary Health Center

          in Kusheshwarsthan for treatment, where he was treated.

                       4. Learned counsel for the appellants submits that the

          alleged occurrence is said to have taken place in night of

          13.06.2025, therefore, not in public view, as such the provisions

          of the SC/ST Act would not get attracted. Further submits that

          the nature of the allegation levelled in the FIR also does not

          reveal the specific abuses that were hurled on caste line, rather it

          is general and vague in nature. Learned counsel for the

          appellants also submits that the occurrence is said to have taken

          place on 13.06.2025, but the FIR was lodged on 04.07.2025,
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          after delay of 21 days, for which there is no plausible

          explanation.

                       5. Learned Special Public Prosecutor for the State as

          well as learned counsel for respondent no.2 has vehemently

          opposed the prayer for bail of the appellants based upon the

          allegation made in the F.I.R.

                       6. So far as the allegation of hurling of abuses on

          caste line is concerned, the alleged occurrence is said to have

          taken place in night of 13.06.2025, therefore, not in public view

          as such the provisions of the SC/ST Act would not get attracted.

          Further, the nature of the allegation levelled in the FIR also does

          not reveal the specific abuses that were hurled on caste line,

          rather it is general and vague in nature, again which would not

          attract the provisions of the SC/ST Act. It also cannot be lost site

          of the fact that the occurrence is said to have taken place on

          13.06.2025, but the FIR was lodged on 04.07.2025, after delay

          of 21 days, for which there is no plausible explanation.

                       7. Considering all these aspect of the matter, the

          appellants above named above, in the event of their arrest or

          surrender before the learned court below within a period of six

          weeks, is directed to be released on bail on their furnishing bail

          bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with
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                    two sureties of the like amount each to the satisfaction of

                    learned Court of Exclusive Special Judge. SC/ST (POA),

                    Darbhanga in connection with Tilkeshwar P.S. Case No.75 of

                    2025, subject to the conditions laid down under Section 438(2)

                    of the Cr.P.C.

                                 8. Accordingly, the impugned order is set aside and

                    this appeal stands allowed.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T