Mohan KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4741 of 2025
                   Arising Out of PS. Case No.-441 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
                 ======================================================
           1.     Mohan Kumar Son of Bablu Yadav @ Ballu Yadav R/O village-Bhatpura
                  Ward No. 5, P.S.- Simri Bakhtiyarpur (wrongly Bakhtiyarpur), District
                  -Saharsa
           2.    Kulesh Kumar @ Kulesh Yadav @ Pulesh Yadav Son of Bablu Yadav @
                 Ballu Yadav R/O village-Bhatpura Ward No. 5, P.S.- Simri Bakhtiyarpur
                 (wrongly Bakhtiyarpur), District -Saharsa
           3.    Duryodhan Yadav @ Durjo Yadav @ Durjodhan Kumar Son of Bablu Yadav
                 @ Ballu Yadav R/O village-Bhatpura Ward No. 5, P.S.- Simri Bakhtiyarpur
                 (wrongly Bakhtiyarpur), District -Saharsa

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Pankaj Kumar Gupta, Male, S.I., Simri Bakhityarpur Police Station, District-
                 Saharsa Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Manoj Kumar
                 For the Respondent/s   :       Mr. Sadanand Paswan
                                                Mr. Asmita Srivastav
                                                Mr. Satish Kumar Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   03-04-2026                 Heard learned counsel for the appellants, the learned

                   Spl. P.P. for the State and the learned counsel for the informant.

                               2. This appeal is preferred against the order dated

                   03.11.2025 passed by the Additional Sessions Judge-1-cum-

                   Special Judge, SC/ST (POA)Act, Saharsa passed in ABP No.

                   842 of 2025 arising out of Simri Bakhtiyarpur P.S. Case No. 441

                   of 2024 registered for the offence under Sections 191(2), 190,

                   126(2), 115, 123 and 352 of the Bharatiya Nyaya Sanhita, 2023,
Patna High Court CR. APP (SJ) No.4741 of 2025(3) dt.03-04-2026
                                             2/4




          Section ¾ of the Public Property Act and Sections 3(i)(r)(s) of

          the SC/ST Act, by which the prayer of the appellants for

          anticipatory bail was rejected.

                       3. As per the prosecution case, on 18.09.2024 at about

          02:45 hours, the informant received information that the wanted

          accused, Prem Kumar @ Chhotu Kumar, was dancing at a

          village program with 10–12 persons carrying illegal kattas.

          Acting on this, the police reached the spot at 03:15 hours and

          arrested Chhotu Kumar. The program organizer Khagesh Sah,

          his family, the accused’s father, and 50–100 others allegedly

          attacked the police, rescued the accused, and damaged police

          vehicles. Caste-based abuse was also reportedly used against

          chaukidar Dipnarayan Paswan, who identified 20 persons,

          including the appellants. Seven persons were arrested and four

          motorcycles seized.

                       4. Learned counsel for the appellants submits that the

          appellants have falsely been implicated in this case and no

          offence under the provisions of SC/ST Act is made out in this

          case and therefore, this anticipatory bail application is

          maintainable. He further submits that there is no direct

          allegation against the appellant.

                       5. Learned counsel for the State and the learned
Patna High Court CR. APP (SJ) No.4741 of 2025(3) dt.03-04-2026
                                             3/4




          counsel for the informant have opposed the prayer of the

          appellants.

                       6. From the reading of the entire FIR, it does not

          appear that offence has been committed against the informant on

          the ground that he is a member of SC/ST community and the

          same appears to be a mala fide prosecution.

                       7. In these circumstances, in the opinion of this Court,

          this application for grant of anticipatory bail is maintainable.

                       8. Considering the rival submissions of the parties and

          the facts of the case, the appeal stands allowed. Accordingly, the

          order dated 03.11.2025 passed by the Additional Sessions

          Judge-1-cum-Special Judge, SC/ST (POA)Act, Saharsa passed

          in ABP No. 842 of 2025 arising out of Simri Bakhtiyarpur P.S.

          Case No. 441 of 2024 is hereby set aside.

                       9. Let the appellants, in the event of their arrest or

          surrender within four weeks from today, be released on bail on

          furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Court below where the case is pending/successor

          Court in connection with Simari Bakhtiyarpur P.S. Case No. 441

          of 2024, subject to the conditions laid down under Section

          438(2) of the Cr. P.C./ Section 482(2) of the BNSS.
            Patna High Court CR. APP (SJ) No.4741 of 2025(3) dt.03-04-2026
                                                         4/4




                                   10. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T