IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4034 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- PUNPUN District- Patna ======================================================

Sonu Kumar Son of Rambhum @ Ramanuj Chauhan @ Ramjun Chauhan Resident of Village- Paimarghat, ps- Punpun, Dist- Patna ... ... Appellant/s Versus

1. The State of Bihar

2. Mahesh Paswan Son of Late Ram Dayal Paswan Resident of Village-

Paimarghat, P.S.- Punpun, Dist- Patna ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Dheeraj Kumar, Advocate For the State : Mrs. Usha Kumari 1, Spl.P.P. For the Complainant : Mr. Navin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 10-02-2026 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 28.08.2025 passed in Serial No. 153 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna in connection with Punpun P.S. Case No. 101 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117, 109(1), 324(2), 76, 329(3), 79, 303(2), 351(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita and under Section 3(2)(va) of the SC/ST Act.

3. The case of the complainant in short is that the appellant along with others started abusing the complainant with caste name. It is further alleged that he along with others assaulted the informant with iron rod, khanti, lathi, wicket on the head of the complainant.

4. Learned counsel for the appellant submits that from perusal of the order of the learned trial court it will transpire that learned trial court has recorded that injured Mahesh Paswan (informant) had received fracture injury of both bone of forearm. Learned counsel for the appellant has submitted that the injuries caused on forearms is not on vital part and the allegations regarding causing injury on forearm is general and omnibus. No specific allegation is against the appellant. It has further been submitted that as far as the allegation regarding abusing the informant with caste name is concerned, at the time of occurrence only the the informant and his family members were present, the same was not in public view and the same is general and omnibus allegation. Learned counsel for the appellant has further submitted that the appellant is in judicial custody since 04.07.2025.

5. Learned counsel for the complainant is present and 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 28.08.2025 passed in Serial No. 153 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Patna in connection with Punpun P.S. Case No. 101 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 Exclusive Special Judge (SC/ST) Act, Patna in connection with Punpun P.S. Case No. 101 of 2025.

7. Accordingly the appeal stands allowed.

(Ashok Kumar Pandey, J)

durgesh/- U T