The court provides interim protection from coercive action while seeking the injury report to determine the severity of the assault in an anticipatory bail application under the SC/ST Act.

ORAL ORDER

1. Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. 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 anticipatory bail vide order dated 20.03.2025 in A.B.P. No. 656 of 2025 passed by the learned Special Judge, SC/ST (POA) Act, East Champaran at Motihari in connection with Madhuban P.S. Case No. 274 of 2024 registered under Sections 126(2), 115(2), 109, 303(2), 352, 351(1) and 3(5) of the BNS as well as Sections 3(1)(r)(s) of the SC/ST Act.

3. Learned counsel appearing on behalf of the appellant submits that appellant is a person with clean antecedent and the informant alleges that on 02.07.2024, he was intercepted by the accused persons while he was coming home on his bicycle and appellant assaulted him by Dabiya causing injury on his head and all accused persons thereafter abused by taking caste name and Alok threatened with pistol and snatched his chain while Vijay took Rs.3,000/- from his pocket.

4. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant on account of existing dispute. It is further submitted that the date of occurrence is 02.07.2024 and the FIR came to be instituted on 05.07.2024 after a delay of three days of the occurrence without any plausible explanation. It is next submitted that even the blow was not repeated.

5. Learned Special Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that no doubt, the FIR was instituted after a delay of three days of the occurrence but then appellant also moved in appeal before this Court after a delay of 102 days but then the delay was condoned. It is further submitted that there is specific allegation against this appellant of assaulting the informant by Dabiya causing injury on his head which is vital part of the body.

6. Call for a legible copy of the injury report of the injured in connection with Madhuban P.S. Case No. 274 of 2024 from the Court of learned Special Judge, SC/ST (POA) Act, East Champaran at Motihari/Successor Court.

7. Put up this case on 23.02.2026 at 02:30 p.m.

8. There shall be no coercive action against the appellant till 23.02.2026.