Chandan Rai @ Chandan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.763 of 2025
                     Arising Out of PS. Case No.-234 Year-2024 Thana- AWTARNAGAR District- Saran
                 ======================================================
           1.     Chandan Rai @ Chandan Kumar S/o Rambabu Rai R/o vill - Jhauwa, P.S.-
                  Awatar Nagar, Distt.- Saran at Chapra
           2.    Ramesh Rai S/o Late Dhruplal Rai R/o vill - Jhauwa, P.S.- Awatar Nagar,
                 Distt.- Saran at Chapra
           3.    Satyendra Rai @ Satyendra Ray S/o Virendra Rai @ Birendra Ray R/o vill -
                 Jhauwa, P.S.- Awatar Nagar, Distt.- Saran at Chapra
           4.    Satish Rai @ Satish S/o Virendra Rai @ Birendra Ray R/o vill - Jhauwa,
                 P.S.- Awatar Nagar, Distt.- Saran at Chapra

                                                                                 ... ... Appellant/s
                                                      Versus

           1.    The State of Bihar
           2.    Subhawati Devi W/o Dhananjay Manjhi R/o vill - Jhauwa, P.S.- Awatar
                 Nagar, Distt.- Saran at Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :       Mr. Dewendra Narayan Singh, Advocate
                 For the State           :       Mr. Sadanand Paswan, Spl.PP
                 For the Informant       :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   16-04-2026                 Heard learned counsel appearing for the appellants

                   and learned Special Public Prosecutor appearing for the

                   respondent-State.

                               2. Despite valid service of notice, no body appears on

                   behalf of the informant/Respondent No. 2.

                               3. This appeal has been filed for setting aside order

                   dated 20.11.2024 passed in a case registered for the offence

                   punishable under Sections 126(2), 115, 117, 352, 351(2) and
Patna High Court CR. APP (SJ) No.763 of 2025(5) dt.16-04-2026
                                             2/3




          3(5) of the B.N.S. and Sections 3(1)(r) and 3(1)(s) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, whereby the prayer for grant of anticipatory bail

          of these appellants has been rejected.

                       4.    As per prosecution case, it is alleged that all the

          F.I.R. named accused persons, including these appellants,

          assaulted informant and others with lathi, danda and stones and

          also abused them by caste name.

                       5. It is submitted by learned counsel appearing on

          behalf of the appellants that appellants are quite innocent and

          have committed no offence. As a matter of fact, on the alleged

          date and time of occurrence, the cow and she goat of the

          informant grazed the crops cultivated in the field of these

          appellants and upon objection, the informant got furious and

          lodged this false and concocted case. Allegation of assault and

          abuse by caste name is general and omnibus and no specific

          accusation of overt act has been alleged against these appellants.

          It is further submitted that it is not the case of the prosecution

          that any member of public was present at the place of

          occurrence and as such, no case under the Scheduled Castes and

          Scheduled Tribes (Prevention of Atrocities) Act is made out

          against these appellants. Appellants claim clean antecedents.
             Patna High Court CR. APP (SJ) No.763 of 2025(5) dt.16-04-2026
                                                          3/3




                                    6. Learned Spl. P.P. appearing for the respondent-State

                       has opposed the prayer for grant of bail to the appellants.

                                    7. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation and clean

                       antecedents of the appellants, this appeal is allowed and the

                       impugned order dated 20.11.2024 passed by the learned

                       S.C./S.T. Exclusive Special Judge, Saran at Chapra in

                       connection with A.B.P. No. 3766 of 2024 arising out of Awatar

                       Nagar P.S. Case No. 234 of 2024 is hereby set aside with respect

                       to these appellants only.

                                    8. Accordingly, let the appellants, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged 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

                       learned S.C./S.T. Exclusive Special Judge, Saran at Chapra in

                       connection with Awatar Nagar P.S. Case No. 234 of 2024.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T