IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4114 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- SC/ST District- Madhubani ======================================================

1. Rajan Yadav @ Rajan Kumar Yadav S/O Bindeshwar Yadav R/o village -

Godhiyari, p.s- Phulparas , District- Madhubani

2. Rahul Kumar @ Rahul Kumar Yadav S/O BIndeshwar Yadav R/o village -

Godhiyari, p.s- Phulparas , District- Madhubani

3. Bindeshwar Yadav S/O Ajab Yadav R/o village - Godhiyari, p.s- Phulparas , District- Madhubani ... ... Appellant/s Versus

1. The State of Bihar

2. Mahesh Kumar Safi S/O Janki Safi R/o village - Mariyari,Ward N0.- 11, p.s-

Phulparas , District- Madhubani ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Ravi Prakash For the Respondent/s : Mr.Usha Kumari 1 ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

3 23-02-2026 Heard learned counsel for the parties.

2. This appeal is under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail in connection with SC/ST P.S. Case No. 103 of 2024, registered under Sections 126, 115(2), 118, 303(2), 352, 351(2) of B.S.S. and 3(i)(r), 3(i) (s), 3(2) (va) of SC/ST (POA) Act.

3. So far as allegation of hurling abuses is concerned, the allegation is that the informant was abused on caste line.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case and have not committed any offence. It is further submitted that the informant taken Rs.2 lakh from the petitioner for opening fertilizer, general stores and kirana shop, hence the petitioner demanded the said money from the informant, hence the informant lodged false and concocted case against the petitioner to harass and humiliate and put pressure upon him. It is further submitted that there is case and counter case between the parties.

5. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for bail of the appellants based upon the allegation made in the F.I.R.

6. There is no specificity of exactly what nature of abuses were hurled on the informant and hence, prima facie no offence under the provisions of SC//ST Act appears to be made out against the appellants. Also taking into consideration the fact that prior to the institution of the P.S. case by the informant, the appellant, Ranjan Yadav, had also filed the case against the informant and others in connection of Phulparas P.S. Case No. 526 of 2024 dated 11.12.2024 under Sections

126(2), 352, 115(2), 303 (2), 316(2), 351(3), 3(5) of the B.N.S. Statement to this effect has been made in paragraph 14 of the appeal of the instant appeal. Therefore, it appears that the case lodged by the informant is by way of counter blast to the case lodged by the appellant.

7. Under these circumstances, let all the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory 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 Additional Sessions Judge Ist-Madhubani-cum-Special Judge SC/ST, Madhubani, in connection with SC/ST P.S. Case No. 103 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Alok Kumar Sinha, J)

sanjeev/- U T