The court determined that insufficient evidence existed to support SC/ST Act allegations, allowing bail based on the appellant's clean record.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 29-01-2026 Heard learned counsel for the appellant and learned Special P.P. for of the State.

2. This appeal has been filed against the order dated

15.09.2023 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Rampur Gaya P.S. Case No. 281 of 2023, registered under Sections 406 , 419, 420, 379, 504, 506/34 of the IPC and Section 3 (i)(r)(s)/, 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”), whereby the prayer for bail of appellant has been rejected.

3. As per prosecution case, informant alleged that on

12.04.2023, FIR named accused persons extorted Rs. 50,000/-

and other valuables from the father of the informant posing themselves as officers of Electricity Department. On inquiry, they were abused by caste name and threatened to kill by the accused persons.

4. Learned counsel for the appellant submits that the present FIR is a counter blast of Complaint Case No. 627 of 2023 which was lodged by the appellant against the informant and others. It is a desperate attempt on behalf of the informant to cover up the offence of power theft. The appellant is an employee of Electricity Department, South Bihar Power Distribution Co. Ltd. and on 12.04.2023, he along with other officials, on complaint of power theft, visited the house of the informant where an open detection of power theft was found. The informant and others abused abused, assaulted and snatched motorcycle of the officials who are employees of the Electricity Department and to save their skin from the aforesaid theft they lodged a false and concocted case against the appellant. From perusal of F.I.R., it is apparent that there is no allegation of abuse by caste name. Hence, no case of SC/ST Act is made out against the appellant. The appellant claims clean antecedent.

5. Learned counsel for the informant as well as learned Spl. Public Prosecutor for the State opposed the appeal of the appellant.

6. Considering the aforesaid facts and circumstances and clean antecedent, the impugned order dated 15.09.2023 is, hereby, set aside and this criminal appeal is allowed.

7. Let the appellant, as named above, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya, in connection with Rampur Gaya P.S. Case No. 281 of 2023.

(Prabhat Kumar Singh, J)