Lack of injury report invalidates SC/ST Act applicability in pending assault case.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 22-01-2026 Heard learned counsel for the parties. Despite filing vakalatnama , nobody appears on behalf of respondent No. 2.

2. This appeal has been filed for setting aside order dated 15.05.2025 passed in a case registered for the offence punishable under sections 126 ( 2 ), 115, 74, 303 ( 2 ), 351 ( 2 ) and 3 (5) of BNS and sections 3(i)(r)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , whereby the prayer for anticipatory bail of the appellant has been rejected.

3. As per F.I.R. informant alleged that on 20.02.2025, the accused persons including these appellants surrounded informant and his family members and started abusing and assaulting them. It is further alleged that appellant No. 3 assaulted informant by means of hasua and snatched Mangalsutra from his wife . Later on , all the accused persons abused them with caste name and fled away from spot. 4. It is submitted that appellants are innocent and have committed no offence as alleged. Though there is allegation that these appellants along with other co-accused persons, assaulted informant but there is no injury report on record to substantiate the allegation of assault. It is further submitted that there is no allegation that these appellants abused the informant by caste name and as such, no case under SC/ST Act is made out. Appellants claim clean antecedent.

5 . Learned special Public Prosecutor for the State opposed the bail.

6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. 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 the learned District and Additional Sessions Judge-1^st-cum-Special Judge, SC/ST Act, Lakhisarai in connection with Lakhisarai SC/ST Police Station Case No. 06 of 2025 .

(Prabhat Kumar Singh, J)

Koushik/- U T