Umesh KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4507 of 2025
                          Arising Out of PS. Case No.-48 Year-2025 Thana- SC/ST District- Gaya
                 ======================================================
                 Umesh Kumar S/O Late Jainarayan @ Chamari Mistri R/O Village- Horma,
                 Beldaur, P.S- Khizersarai, Distt.- Gaya, Bihar.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sitaram Choudhari S/O Late Kara Choudhari R/O Village- Horma, Beldaur,
                 P.S- Khizersarai, Distt.- Gaya, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Brijeshwar Narayan Singh, Adv.
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-03-2026                 1. Heard learned counsel for the appellant and the

                   learned Special P.P. Mr. Binay Krishna 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 23.09.2025 in A.B.P. No. 251 of 2025 passed by the

                   learned Exclusive Special Judge, SC/ST Act, Gaya in

                   connection with SC/ST P.S. Gaya Case No.48/2025, arising out

                   of Gaya Complaint Case No.55/2025, registered under Sections

                   190, 191(2), 126(2), 115(2), 303(2), 352 of the BNS and

                   Sections 3(1)(r)(s) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.4507 of 2025(4) dt.23-03-2026
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                       3. Learned counsel for the appellant submits that the

          appellant is a person with clean antecedent and the informant

          alleges that Binod was arrested and while leaving for P.S.

          ordered to kill the informant, who had implicated him in a case

          relating to SC/ST, hence accused persons assaulted him.

                       4. Learned counsel submits that appellant has been

          falsely implicated in the instant case by the informant. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that allegation of assault and abuse is not

          specific rather is general and omnibus in nature.

                       5. Learned Special Public Prosecutor Mr. Binay

          Krishna opposes and the learned counsel appearing on behalf of

          the informant opposes the prayer for anticipatory bail of the

          appellant but then are not in a position to rebut the submission

          of the learned counsel appearing on behalf of the appellant that

          allegation of assault and abuse is not specific.

                       6. Considering the submission of the learned counsel

          for the appellant, the order impugned is set aside. Let the

          appellant, above named, in the event of his 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 bonds

          of Rs.5,000/- (rupees five thousand) with two sureties of the like
             Patna High Court CR. APP (SJ) No.4507 of 2025(4) dt.23-03-2026
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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.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T