IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4246 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- KAJRAILI District- Bhagalpur ======================================================

Sandeep Choudhary @ Sandeep Kumar, Son of Ganesh Choudhary, R/o Village- Daradhi Bahadurpur, PS-Kajraili, District-Bhagalpur.

... ... Appellant/s Versus

1. The State of Bihar.

2. Girija Devi, Wife of Late Naveen Chandra Niwas @ Nakul Das, R/o Village- Daradhi Bahadurpur, PS-Kajraili, Distt.-Bhagalpur.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ranjan Kumar Jha, Adv.

For the Respondent No.2: Mr. Swapnil Kumar Singh, Adv.

For the State : Mr. Binay Krishna, Spl. P.P.

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

3 24-02-2026 Heard the learned counsel for the appellant, the learned counsel for the informant/respondent No. 2 and the learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short the SC/ST (POA) Act] against the rejection of prayer for bail vide order dated 17.09.2025 passed by the learned District and Addl. Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur in A.B.P. No. 2110 of 2025 in connection with Kajraili P.S. Case No. 45 of 2025 registered for the offence(s) under Section(s) 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s) 3(1)(gha) and 3(1)

(r)(s) of the SC/ST (POA) Act.

3. As per the prosecution case, it is alleged that all the F.I.R. named accused persons including the appellant have abused the informant/respondent No. 2 and others by their caste name and have also assaulted her son. It has further been alleged that on account of such assault, the husband of the informant/respondent No. 2 received injury and he later died.

4. The learned counsel for the appellant submits that the name of the appellant has been entered as the last name, stating him to be the person who had come to the place of occurrence and had abused in general and, thereafter, directed to assault the informant/respondent No. 2. It has been submitted that there is no specific allegation against the appellant with regard to any overt act and even the allegation of abuse is of general nature. It has further been submitted that no case under the SC/ST (POA) Act is made out against the appellant.

5. The learned counsel for the appellant has drawn the attention of this Court towards the post-mortem report, which has been brought on record by way of Annexure-P/3 and from the perusal of the same, it would be evident that the cause of death is stated to be natural due to diseases of heart and lungs. It has next been submitted that from the perusal of the external injury, it would be evident that only one bruise of size 1” x 0.5” was present over the forehead. It has, thus, been submitted that the allegations levelled against the appellant are of general and omnibus nature and altogether eighteen persons have falsely been roped in this case, just to implicate all. However, the appellant, it has been argued, has no concern whatsoever with the same. It has lastly been submitted that the appellant has no criminal antecedents.

6. The learned Special Public Prosecutor for the State as also the learned counsel appearing on behalf of the informant/respondent No. 2 have vehemently opposed the bail petition of the appellant and have submitted that the appellant was one among the several persons, who had attacked the family of the informant/respondent No. 2 including her husband and son. It has been submitted that there is an allegation of abuse against the appellant along with others and he had also directed for assaulting the family of the informant/respondent No. 2. It has lastly been submitted that a similarly situated co- accused, namely, Manoj Singh @ Manoj Kumar Singh @