Aprendra RayversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4292 of 2025
                         Arising Out of PS. Case No.-28 Year-2025 Thana- SC/ST District- Rohtas
                 ======================================================
           1.     Aprendra Ray S/o Bigan Ray Resident of Village - Nawadih, Police Station-
                  Akorhigola, District- Rohtas
           2.    Harendra Ray S/o Bigan Ray Resident of Village - Nawadih, Police Station -
                 Akorhigola, District - Rohtas

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Chandeshwar Ram S/o Late Ramrup Ram R/o Village - Nawadih, P.O.-
                 Gamhariya, P.S.- Akorhigola, District - Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Raghunandan Kumar Singh
                 For the Respondent/s    :        Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   11-05-2026                 1. Heard learned counsel for the appellants and the

                   learned Special P.P. 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 11.05.2025 passed by the learned Special Judge

                   SC/ST Act, Rohtas at Sasaram in connection with Dehri SC/ST

                   P.S. Case No. 28/2025, registered under Sections 126(2), 115(2),

                   74, 352, 351(2), 3(5) of the BNS, 2023 as well as Sections 3(i)

                   (r)(s), (w), and 3(2)(va) of the SC/ST Act.
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                       3. Learned Special P.P. submits that in compliance of

          the    order     dated      23.02.2026,       the      concerned   S.P.   was

          communicated about the pendency of the appeal and was

          requested to inform the informant through the concerned P.S. It

          is submitted that the informant has been intimated about the

          pendency of the present appeal and the next date fixed but then

          it appears that informant despite receiving notice chooses not to

          appear and contest.

                       4. Learned counsel for the appellant submits that

          appellants are persons with clean antecedent and the informant

          alleges that on 11.05.2025 at 8 P.M. his wife was going to her

          dalan with cow-dung when accused persons including the

          appellants intercepted her and abused by taking caste name and

          said that they will not allow her to carry cow-dung through the

          road, on protest, Harendra and his wife dragged her on the

          ground and Aprendra assaulted by fist and leg, further Harendra

          with bamboo assaulted the informant on his back and chest

          while Aprendra and Sagar pushed him on a barbed wire.

                       5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that side of the appellants having

          dispute relating to land with the informant and Harendra had
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          filed an application before the Circle Officer for measurement of

          land as would manifest from Annexure-4 to the appeal. It is

          further submitted that on account of dispute relating to land, an

          altercation took place and thereafter the instant FIR came to be

          instituted with exaggerated allegation. It is also submitted that

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

          as allegation of assault is alleged, the same is also exaggerated.

          It is further submitted that since an altercation took place as

          such both side assaulted each other leading to injury on both

          side and the assault was not committed for the reason that

          informant and his wife belonged to SC community but for the

          reason of land dispute as recorded hereinabove. It is next

          submitted that this perhaps explains why the informant despite

          receiving notice chooses not to appear and contest.

                       6. Learned Special Public Prosecutor opposes the

          appeal.

                       7. Considering the submissions of the learned counsel

          for the appellants, the order impugned is set aside and 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 bond of

          Rs.5,000/- (rupees five thousand) with two sureties of the like
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                       amount each to the satisfaction of the learned court below where

                       the case is pending in connection with the aforesaid case,

                       subject to the conditions as laid down under Section 482(2) of

                       the BNSS.

                                    8. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T