IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5150 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- Pastpar Pusthi District- Saharsa ======================================================

Bulbul Kumar @ Bulla @ Premdeep Kumar, S/o Ram Kumar Yadav @

Rampukar Yadav, R/o Village-Morkahi, P.S-Pastpar, District-Saharsa ... ... Appellant/s Versus

1. The State of Bihar

2. Pankaj Kumar Yadav, SHO Pastpar, Distt-Saharsa Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Pawan Kumar, Adv.

For the Respondent/s : Ms. Usha Kumari 1, Spl. PP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 23-02-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. The informant, namely, Pankaj Kumar Yadav does not belong to SC/ST community, therefore, there is no requirement of issuing notice upon the said informant. 3. This is an appeal under Section 14 A (2) of the 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 31.10.2025 passed by the learned Additional Sessions Judge-Ist- cum-Special Judge, SC/ST Act, Saharsa in A.B.P. No. 815 of 2025 and other analogous cases, arising out of Pastpar P.S. Case No. 56 of 2024 dated 28.12.2024 registered for the offences punishable under Sections 192(2), 190, 109, 126(2), 115(2), 74, 125, 327(1), 132, 352, 351(3) Bharatiya Nyaya Sanhita, 2023 and Sections 3 (i) (r) (s) of SC/ST (POA) Act and Sections ¾ of Damage of Public Property Act.

4. The case of the prosecution, in brief, is that on the alleged date of occurrence the informant alongwith police personnel proceeded for patrolling duty after getting information that near Pastpar Bazar Bridge on NH 106, some people have blocked the road and they are chanting slogans against the police administration. He reached there and saw that about 400 to 500 persons have blocked the road by means of big stone and motorcycles and they are chanting slogans against the police administration and they have also stopped public and transport vehicles. In the meantime, police chased the crowd but they fled away from the spot.

5. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. It is submitted that F.I.R. has been lodged against 50 named accused persons including the appellant and 50-60 unknown accused persons. The allegation against the appellant is general and omnibus and there is no specific allegation the appellant. It is submitted that the informant and one another police personnel have been injured in the aforesaid assault by the accused persons. The nature of injury is simple. There is no specific allegation of assault against the appellant. Lastly, it is submitted the appellant has four criminal cases against him.

6. Learned Special Public Prosecutor for the State vehemently opposed the prayer of the appellant.

7. Having considered the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge, SC/ST Act, Saharsa in connection with Pastpar P.S. Case No. 56 of 2024, subject to the condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to following conditions:-

1. Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood r