Vinod Sao @ Binod SaoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4808 of 2025
                          Arising Out of PS. Case No.-48 Year-2025 Thana- SC/ST District- Gaya
                 ======================================================
           1.     Vinod Sao @ Binod Sao Son of Late Thakuri Sao Resident of Village -
                  Horma, Police Station - Khizersarai, District - Gaya.
           2.    Sushma Devi Wife of Vinod Sao @ Binod Sao Resident of Village - Horma,
                 Police Station - Khizersarai, District - Gaya.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sitaram Chaudhary Son of Late Kara Chaudhary Resident of Village -
                 Horma, Police Station - Khizersarai, District - Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Aryan Singh, Adv.
                 For the State           :        Mrs.Usha Kumari 1, Spl.PP
                 For the Respondent no.2 :        Mr. Vishwa Ranjan Choudhary, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the appellants, learned

                   counsel for the respondent no. 2 and learned Spl.PP for the State.

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

                   Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

                   Act against the refusal of prayer for anticipatory bail by order

                   dated 03.11.2025 passed by the Exclusive Special Judge, SC/ST,

                   Gayaji in connection with SC/ST No. 281 of 2025 arising out of

                   SC/ST P.S. Case No. 48 of 2025, registered for the alleged

                   offences under Sections 190, 191(2), 126(2), 115(2), 303(2) of the

                   BNS and Sections 3(1)(r)and 3 (1) (s) of the Scheduled Castes and

                   Scheduled Tribes (PoA) Act.
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                       3. As per the prosecution case, the informant/respondent

          no. 2 who appears to be a police official alleges that the appellants

          and other coaccused persons taking his caste name threatened the

          respondent with setting him on fire and surrounding the informant

          and others, assaulted them.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and they have been falsely implicated in

          this case. From the FIR it is not clear what is the offence made out

          against the appellants. Moreover the FIR has been lodged after

          delay of three months without any satisfactory explanation. It is

          surprising that neither the police nor the family members of the

          informant gave any information regarding the informant getting

          abducted and the abductors themselves took the informant to the

          police officials on 11.04.2025 but no FIR was instituted.

          Moreover, the SC/ST case no. 15 of 2025 was lodged on

          03.03.2025 as admitted by the informant himself, the appellant no.

          1 was arrested therefore the allegation of the informant in this

          regard against appellant no. 1 is practically impossible. There is no

          specific allegation against the appellants for taking caste name of

          the informant. Learned counsel further submits that there is

          inordinate delay of more than a month in filing the application and

          the FIR was instituted after three months i.e. on 05.07.2025

          without any explanation. The appellants have two criminal
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          antecedents.

                       5.    Learned Spl.PP as well as learned counsel for the

          respondent no. 2 vehemently oppose the submission made on

          behalf of the learned counsel for the appellants. Learned counsel

          for the respondent no. 2 submits that there is specific allegation

          against the appellants that they abused and threatened the

          informant and giving a chase apprehended him and trashed him.

                       6. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          doubtful and improbable nature of accusation against the

          appellants, let the appellants above named, in the event of their

          arrest or surrender before the court concerned within a period of

          eight weeks from today, be released on bail, on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two

          sureties of the like amount each to the satisfaction of Court of

          learned Exclusive Special Judge, Scheduled Caste/Scheduled

          Tribe, Gayaji / court concerned in connection with SC/ST No. 281

          of 2025 arising out of SC/ST P.S. Case No. 48 of 2025, subject to

          the condition laid down under Section 482(2) of the B.N.S.S. and

          other following conditions:

                                           (i) One of the bailors will be a

                                           close relative of the appellants.

                                           (ii) The appellants will remain
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                                                        present on each and every date

                                                        fixed by the court below, if so

                                                        required by the learned trial

                                                        court.

                                    7. Accordingly, the impugned order dated 03.11.2025 is

                       set aside and the appeal stands allowed.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T