Raushan KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.4307 of 2025
                         Arising Out of PS. Case No.-45 Year-2025 Thana- SC/ST District- Vaishali
                 ======================================================
                 Raushan Kumar Son of Shrinath Singh @ Shivnath Singh Resident of Village
                 - Manpur, P.S.- Lalganj, District - Vaishali.

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Nand Kishore Manjhi Son of Shivjee Manjhi Resident of village -
                 Madhurapur Kushde, P.S.- Lalganj, District - Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Shyameshwar Kumar Singh
                 For the Respondent/s     :        Mr.Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026               1.     Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State, Sri Sadanand Paswan.

                             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 11-8-2025 in A.B.P. No. 2181 of 2025 passed by the

                   learned        Exclusive      Special       Judge       S.C./S.T.-cum-District

                   &Additional Sessions Judge, Vaishali at Hajipur, in connection

                   with Hajipur SC/ST P.S. Case No. 45 of 2025, registered for the

                   offences punishable under Sections 126(2), 118(1), 109, 303(2),

                   352, 351(2), and 3(5) of the BNS as well as Sections 3(1)(r)(s),
Patna High Court CR. APP (SJ) No.4307 of 2025(3) dt.21-01-2026
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          3(2)(va) of the SC/ST Act.

                    3.    Learned Spl. PP, at the outset, submits that the case

          was taken up on 11-11-2025 and he was directed to intimate the

          respondent no. 2 of this case through the Superintendent of

          Police, Vaishali at Hajipur. It is next submitted that in

          compliance of the order dated 11-11-2025, the Superintendent of

          Police was informed that respondent no. 2 is required in the

          instant appeal. It is submitted that despite information, it

          appears that no one has appeared on behalf of the respondent no.

          2.

                    4.    Learned counsel for the appellant submits that the

          appellant is a person with clean antecedent and the informant

          alleges that on 3-6-2025 at 11:30 pm, he was returning from a

          marriage, when he was intercepted by Vishal, Sunny, Raushan,

          Sumit and five unknown accused, who assaulted and snatched

          his mobile, on protest all the accused abused him by taking caste

          name, further on account of assault he received injury on his

          nose, next alleges that when villagers gathered, the accused fled

          leaving a motorcycle, further he was taken to hospital from

          where he was referred to Sadar Hospital Hajipur, but Lalganj

          Police Station did not take action and even released the

          motorcycle.
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                    5.    Learned counsel for the appellant submits that the

          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 and abuse is general and omnibus in nature.

          It is further submitted that no doubt it is alleged that the accused

          while fleeing left a motorcycle at the place of occurrence, but

          then no motorcycle was seized. It is also submitted that the date

          of occurrence is 3-6-2025 and the FIR came to be instituted on

          14-6-2025, i.e., after a delay of more than 11 days which casts

          aspersion on the case of the prosecution.

                    6.    Learned Spl. P.P. for the State opposes the prayer

          for anticipatory bail of the appellant.

                    7.    Considering the aforesaid facts, let the appellant

          above-named, in the event of his arrest or surrender before the

          learned trial trial court within a period of six weeks from today,

          be released on anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with the

          aforesaid case, subject to the conditions as laid down under

          Section 482 (2) of the BNSS.
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                                  8.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T