IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3340 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- KACCHWA District- Rohtas ======================================================

1. Naga Kahar @ Suraj Kumar Prasad S/o- Shyam Sundar Kahar @ Shyam Sundar Prasad @ Saroj Kumar Prasad Resident of Village- Dhodhandih PS-

Kachhawa District- Rohtas

2. Teju Kahar @ Teju Kumar Prasad S/o- Shyam Sundar Kahar @ Shyam Sundar Prasad @ Saroj Kumar Prasad Resident of Village- Dhodhandih PS-

Kachhawa District- Rohtas

3. Lavkush Kahar @ Lavkush Prasad S/o- Saroj Kumar Prasad @ Shyam Sundar Kahar @ Shyam Sundar Prasad Resident of Village- Dhodhandih PS- Kachhawa District- Rohtas ... ... Appellant/s Versus

1. The State of Bihar

2. Bhim Ram S/o- Shivdeni Ram Village- Dhodhandih Ps- Kachhawa Dist-

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

Appearance :

For the Appellant/s : Mr.Siddharth Harsh, Advocate For the Respondent/s : Mr.Binay Krishna, Spl.PP For the O.P. No.2 : Mr.Rabindra Prasad Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 23-02-2026 Heard learned counsel appearing on behalf of the appellants; learned Spl.PP for the State and learned counsel for the O.P. No.2.

2. The appellants seek pre-arrest bail in connection with Kachhawa P.S. Case No. 84 of 2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS; Sections 3(i)(r) and 3(i)(s) of the SC/ST (POA) Act, 1989.

3. As per the allegations made in the FIR, the appellants along with other accused assaulted the informant and and they also abused the informant by using his caste name.

4. Learned counsel appearing on behalf of the appellants submitted that the appellants are innocent and they have been falsely implicated in the present case. Learned counsel submitted that the present case reflects a clear violation of the safeguards and protections envisaged under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act of 1989”). Learned counsel submitted that at the relevant time the appellants were present at their residence when the informant allegedly arrived there and started abusing them. The appellants, in order to protect themselves, video-recorded the incidence, which subsequently prompted the informant to lodge the FIR on false and fabricated allegations. Learned counsel further submitted that the alleged place of occurrence is situated near the residence of the appellants and the informant, with a mala fide intention, has meticulously concocted a false criminal case against them. The allegation that the appellants, along with co- accused Naga Kahar (appellant no.1), assaulted the informant with a lathi on his head in public view is wholly unsustainable. The injury alleged to have been caused on the head of the informant which has been recorded by the learned District Court as a simple abrasion. Learned counsel submitted that no abusive words referring to the caste of the informant were never used by the appellants, therefore, in absence of the essential ingredients constituting an offence under the Act of 1989 are not made out. On these grounds, the appellants, who have clean antecedent, seek to be released on pre-arrest bail.

5. Per contra, Mr. Rabindra Prasad Singh has tendered his appearance on behalf of O.P. No.2 and vehemently opposed the prayer for grant of bail. Learned counsel submitted that the informant has suffered substantial injury and humiliation on account of the acts allegedly committed by the appellants. He further submitted that the occurrence took place on 30.03.2025 at about 7:00 p.m., near the entrance of the appellants’ residence, and the same was in a public view. According to the prosecution, all the accused persons actively participated in the commission of the alleged offence. In view of the