CHHOTU RAI @ PRIYANSHU RAIversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4653 of 2025
                 Arising Out of PS. Case No.-291 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar
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                 Chhotu Rai @ Priyanshu Rai S/o- Ram Jee Rai R/v- Arjunpur Ps- Buxar
                 Industrial Dist- Buxar

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Poonam Devi W/o- Lalbabu Ram R/v- Arjunpur Ps- Industrial Area Buxar,
                 Dist- Buxar

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :        Mr. Ravi Shankar Pathak, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   09-07-2026                   Despite of valid service of notice upon Respondent

                   No. 2/Informant, no one appears on behalf of Respondent No. 2.

                                 2.     Heard Mr. Bimlesh Kumar Pandey, learned

                   counsel for the appellant as well as Mr. Sadanand Paswan,

                   learned Special Public Prosecutor for the State.

                                3. This is an appeal under Sections 14(A)(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, against refusal of the prayer for anticipatory bail

                   by order dated 10.11.2025 in A.B.P. No. 1217 of 2025 passed by

                   the learned District & Additional Sessions Judge 1st cum Special

                   Judge, SC/ST (P.O.A.) Act, Buxar in connection with Buxar (I)

                   P.S. Case No. 291 of 2023 registered under Sections 147, 149,
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          448, 342, 365, 354(B), 427, 379, 504, 506, 335 of the Indian

          Penal Code and Sections 3(i)(r)(s)(wi) and 3(2)(iv)(va) of

          SC/ST (Prevention of Atrocities) Act.

                       4. Allegation against the appellant is that he along

          with other co-accused persons abused, humiliated and assaulted

          the informant by using his caste name.

                       5. Learned counsel for the appellant submits that the

          appellant has clean antecedent and he has been falsely

          implicated in the present case.               He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          appellant has not committed any offence as alleged in the F.I.R.

          Although the appellant is named in the F.I.R. but from perusal

          of the F.I.R. it appears that there is no specific allegation of any

          assault or overt attributed against the appellant and it transpired

          from the F.I.R. that the occurrence had taken place at the house

          of Respondent No. 2 (informant) and the same is not the public

          place, so no case is made out under the SC/ST Act.

                       6. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for anticipatory bail of the

          appellant and submits that the appellant has participated in the

          present crime in question.

                       7.    After hearing the parties, in my view for the
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          purpose of this anticipatory bail, no offence under the provisions

          of Scheduled Casts and Scheduled Tribes Act is made out.

                       8. Considering the aforesaid facts and the fact that the

          appellant having clean antecedent and there is no specific

          allegation of any assault or overt act attributed against the

          appellant and the incident took place in the house of Respondent

          no. 2 (informant) and this is not the public place, so no case is

          made out under the SC/St Act, let the appellant, above named, in

          the event of his arrest or surrender before the court below within

          a period of thirty days from the date of receipt of the order, be

          released on anticipatory bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned                    District & Additional

          Sessions Judge 1st cum Special Judge, SC/ST (P.O.A.) Act,

          Buxar in connection with Buxar (I) P.S. Case No. 291 of 2023,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023

          along with other following conditions :-

                       (1) Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient
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                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the appellant tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the appellant and in case at any

                         stage, it is found that the appellant has concealed his criminal

                         antecedent, the court below shall take step for cancellation of

                         bail bond of the appellant. However, the acceptance of bail

                         bonds in terms of the above-mentioned order shall not be

                         delayed for purpose of or in the name of verification.

                                       9. Accordingly, the impugned order dated 10.11.2025

                         is set aside and this appeal stands allowed.



                                                                        (Rajesh Kumar Verma, J)
Ibrar//-

U          T