IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3558 of 2025 Arising Out of PS. Case No.-209 Year-2025 Thana- KATEYA District- Gopalganj ======================================================

Raphik Ansari Son of Bhola Ansari @ Molajim Ansari Resident of Village -Mujha PS -Kateya, Dist- Gopalganj ... ... Appellant/s Versus

1. The State of Bihar

2. Dharmendra Kumar Son of Sanu Gond Resident of Village -Mujha PS -Kateya, Dist- Gopalganj ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Saurabh Kumar, Advocate Mr. Shashwat Sahil Singh, Advocate Ms. Anya Gupta, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 22-01-2026 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

2. This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 25.07.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge Case No. 209 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 118(1), 115(2), 103(1) & 109 of the Bharatiya Nyaya Sanhita and under Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.

3. The case of the complainant, in short, is that the appellant and one Salman Ansari caught hold of the deceased whereas there is allegation against others of assault with knife and bhala to the complainant.

4. Learned counsel for the appellant submits that only allegation against the appellant and co-accused Salman is that they have caught the informant whereas allegation of assault is against others. It has further been submitted by the learned counsel for the appellant that similarly situated co-accused Salman Ansari has been granted privilege of bail by the learned Co-ordinate Bench vide Cr. Appeal (SJ) No. 3484 of 2025. The case of this petitioner stands on similar footing. Learned counsel for the appellant has lastly submitted that the appellant is having clean antecedent and is in judicial custody since 21.04.2025.

5. Learned Special Public Prosecutor for the State has vehemently opposed the bail to the appellant.

6. In view of the submissions made by the learned counsel for the appellant, the order dated 25.07.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge Case No. 209 of 2025 is hereby set aside and the appellant above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of 1^st Additional Sessions Judge-cum-Special Judge(SC/ST), 2025.

7. Accordingly the appeal stands allowed.

(Ashok Kumar Pandey, J)

durgesh/- U T