Rupesh Kumar @ Rupesh PrasadversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4603 of 2025
                   Arising Out of PS. Case No.-309 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
           1.     Rupesh Kumar @ Rupesh Prasad S/oMohan Prasad R/o Village - Laukariya,
                  Ward No. 03, P.S - Bairiya, District - West Champaran
           2.    Sachin Kumar @ Sachin Paswan S/o Birendra Paswan @ Vivendra Hazara
                 R/o Village - Laukariya, Ward No. 03, P.S - Bairiya, District - West
                 Champaran
           3.    Terash Manjhi @ Teras Manjhi S/o Bhadai Manjhi R/o Village - Laukariya,
                 Ward No. 03, P.S - Bairiya, District - West Champaran
           4.    Salman Ansari @ Salman Miyan S/o Khush Mohammad Miyan @ Khush
                 Mohammad Miya R/o Village - Laukariya, Ward No. 03, P.S - Bairiya,
                 District - West Champaran

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Prakash Paswan S/o Rajendra Paswan R/o Village - Laukariya, Ward No. 03,
                 P.S - Bairiya, District - West Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Ram Kishun Prasad, Advocate
                 For the Respondent/s    :        Mr.Sadanand Paswan, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-04-2026                 Heard learned counsel appearing for the appellant and

                   learned Special Public Prosecutor for the State.

                               2. The present appeal has been filed by the appellants

                   seeking grant of bail and for setting aside the order dated

                   13.10.2025 passed by the learned District and Additional

                   Sessions Judge-I-cum-Special Judge, SC/ST Act, Bettiah, West

                   Champaran, in connection with Bairiya P.S. Case No. 309 of

                   2025, registered for the offences punishable under Sections
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          126(2), 127(2), 115(2), 109(1), 303(2), 3(5) of the Bharatiya

          Nyaya Sanhita, 2023, and Sections 3(1)(r)(s) and 3(2)(va) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989.

                       3. As per the prosecution case, on 15.07.2025 at about

          7:00 A.M., when the informant had gone to attend the call of

          nature near a river, he allegedly saw all the accused persons,

          including the appellants, holding one Kundan Kumar.

          Thereafter, all the accused persons are said to have taken him

          along with Kundan Kumar by boat, tied their hands, and started

          abusing them. It is further alleged that appellant no. 1, Rupesh

          Kumar, assaulted Kundan Kumar with an iron rod on his head,

          causing injury. Subsequently, appellant no. 3 along with co-

          accused Takori Manjhi allegedly assaulted the informant with

          lathi and danda, and appellant no. 1 allegedly snatched ₹2,000/-

          in cash and a locket.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have been falsely implicated in the

          present case. It is further submitted that a bare perusal of the

          FIR would indicate that no specific place of occurrence has been

          mentioned, nor is there any allegation that the appellants abused

          the informant by taking his caste name, and therefore, no
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          offence under the SC/ST Act is made out. It is also contended

          that due to village politics, the case has been falsely instituted

          with frivolous allegations at the behest of the police. It is further

          submitted that appellant nos. 1 and 3 have criminal antecedents

          in three cases each, appellant no. 4 has one criminal antecedent,

          whereas appellant no. 2 has a clean antecedent. The appellants

          are ready to abide by any condition imposed by this Court.

                       5. Learned Special Public Prosecutor opposes the

          prayer for bail and submits that there are specific allegations

          against the appellants.

                       6. Upon hearing the parties and on perusal of the

          materials available on record, and considering the fact that the

          criminal antecedent of appellant no. 3 is clean, the order dated

          13.10.2025 passed by the learned District and Additional

          Sessions Judge-I-cum-Special Judge, SC/ST Act, Bettiah, West

          Champaran, is hereby set aside only with respect to appellant

          no. 3, namely, Terash Manjhi @ Teras Manjhi. He is directed to

          be released on bail, in the event of his arrest or surrender before

          the Trial Court within a period of four weeks from today, on

          furnishing a bail bond of ₹30,000/- (Rupees Thirty Thousand

          only), as contemplated under Section 2(1)(d) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023, to the satisfaction of the
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                      learned Court concerned, subject to the conditions laid down

                      under Section 482(2) of the said Code.

                                   7. Considering the nature and gravity of the

                      allegations and the criminal antecedents of appellant nos. 1, 2

                      and 4, this Court is not inclined to grant anticipatory bail to

                      them.

                                   8. Accordingly, the prayer for anticipatory bail of

                      appellant nos. 1, 2 and 4 is hereby rejected.

                                   9. However, if the said appellants surrender before the

                      Trial Court within a period of six weeks from today, the Trial

                      Court is directed to consider and dispose of their surrender-cum-

                      bail application on the same day, without being prejudiced by

                      the rejection of their anticipatory bail by this Court.

                                   10. The present appeal stands partly allowed.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T