Vivek Kumar @ Prabhakar SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5208 of 2024
                   Arising Out of PS. Case No.-483 Year-2023 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     Vivek Kumar @ Prabhakar Singh S/o- Santosh Kumar Singh Resident of
                  village- Kesariya Ps- Kesariya District- East Champaran
           2.    Vivek Singh @ Vivek Kumar S/o- Shalendra Singh Resident of village-
                 Kesariya Ps- Kesariya District- East Champaran
                                                                    ... ... Appellants
                                                    Versus
           1.    The State of Bihar
           2.     Jyotik Ram D/o- BhangiRam Village- Kesariya Tola W.No-4, Ps-Kesariya
                  Dist- East Champaran
                                                                     ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Abhishek Kumar, Advocate
                 For the Respondent-State:        Mr. Binay Krishna, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   12-02-2026                    Heard learned counsel for the appellants and learned

                   Special Public Prosecutor appearing for the State. Though notice

                   through S.H.O. concerned has been served upon respondent

                   No.2, as appears from the report of the Superintendent of Police,

                   East Champaran, Motihari, respondent no.2 has not chosen to

                   appear in this case.

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

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   12.09.2024 passed by learned Special Judge, SC/ST (POA) Act,

                   East Champaran at Motihari, in A.B.P. No. 4006 of 2024 arising

                   out of Kesariya P.S. Case No. 483 of 2023, registered under
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          Sections 341, 323, 379, 437, 324, 384, 385, 504, 34 of the

          Indian Penal Code read with Section 3(1)(i)(r)(s) of Scheduled

          Castes and Scheduled Tribes (Prevention of Atrocities) Act,

          1989, whereby the prayer for grant of anticipatory bail of the

          appellants has been rejected.

                          3. As per the prosecution case, the informant,

          namely, Jyotik Ram, alleged that on 04.03.2023 at 06:00 PM,

          the appellants along with other named accused persons were

          taking one truck from her cultivated field, on being objected, all

          of them started abusing by taking her caste name and they also

          assaulted her by fists and slaps and smeared diesel on her face

          causing injury to her. It is further alleged that co-accused

          Santosh Kumar Singh snatched her gold chain worth

          Rs.50,000/-. On hulla villagers came and intervened. It is

          further alleged that on day after the occurrence the accused

          persons variously armed with lathi and danda came to the door

          of the informant and abused her by taking her caste name and

          threatened her to kill. It is also alleged that the accused persons

          are repeatedly threatening her and asking for ransom and saying

          that she will be ousted from the village.

                          4. Learned counsel appearing for the appellants

          submits that the appellants, who are of clean antecedent, are
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          innocent and have not committed any offence. He further

          submits that it appears from the F.I.R. itself that but for general

          and omnibus allegation, nothing specific has been alleged

          against these appellants. Although there is allegation of assault

          in the F.I.R. against the appellants, but as appears from the case

          diary, which is on record, no injury report was produced to

          substantiate the said allegation. Learned counsel for the

          appellants submits that due to land dispute this false case has

          been lodged against the appellants. As regards allegation of

          abuse by taking caste name attracting the rigours of SC & ST

          Act is concerned, it is not committed in a public place nor any

          person has been named to be present at the place of occurrence

          when the alleged offence of abuse was being committed. He

          further submits that no case, as alleged in the F.I.R, attracting

          rigours of SC & ST Act is made out against the appellants.

          Hence, the impugned order may be set aside and the appellants

          may be granted the privilege of anticipatory bail.

                          5.    Learned        Special      Public   Prosecutor   has

          vehemently opposed the prayer for grant of anticipatory bail to

          the appellants and submit that there is a complete embargo

          under Section 18 of SC/ST Act, so as to not to entertain the

          anticipatory bail application. The appellants are musclemen and
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                    they create disturbance in the society.

                                    6. Considering the entire facts and circumstances of

                    the case and also the fact that the appellants bear clean

                    antecedent coupled with the fact that the allegation does not

                    come under the purview of SC/ST Act, let the above named

                    appellants, in the event of their arrest/surrender within a period

                    of six weeks, be released on bail on furnishing bail bond of Rs.

                    10,000/- (Ten thousand) each with two sureties of the like

                    amount each to the satisfaction of the learned learned Special

                    Judge, SC/ST (POA) Act, East Champaran at Motihari, in

                    connection with Kesariya P.S. Case No. 483 of 2023, subject to

                    the conditions laid down under Section 482(2) of the

                    B.N.S.S/Section 438(2) of the Cr.P.C..

                                 7. Accordingly, this appeal is allowed and the

                    impugned order dated 12.09.2024 rejecting the prayer for grant

                    of anticipatory bail to the appellants is set aside.



                                               (Praveen Kumar, J)
Pawan/-

U     T