Patna High Court
CR. APP (SJ)/2261/2025 of Raj Kumar Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2261 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1. Raj Kumar Son of Dilip Paswan R/o Village Amwan , PS Bodhgaya, Distt.- Gaya 2. Vishal Kumar Son of
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2261 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1.
Raj Kumar Son of Dilip Paswan R/o Village Amwan , PS Bodhgaya, Distt.- Gaya
2.
Vishal Kumar Son of Pappu Singh R/o Village Amwan , PS Bodhgaya, Distt.- Gaya
3.
Shatrughana Kumar @ Shatrughan Singh @ Shatrodhan Singh Son of Binod Singh R/o Village Amwan , PS Bodhgaya, Distt.- Gaya
4.
Rockey Kumar Son of Rajesh Singh R/o Village Amwan , PS Bodhgaya, Distt.- Gaya
5.
Luckey Kumar Son of Rakesh Singh R/o Village Amwan , PS Bodhgaya, Distt.- Gaya
6.
Golu Kumar @ Golu Singh Son of Santosh Singh R/o Village Amwan , PS
Bodhgaya, Distt.- Gaya
7.
Tinku Singh @ Raj Kumar Son of Chandeshwar Singh R/o Village Amwan , PS Bodhgaya, Distt.- Gaya
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Rajendra Ravidas Son of Budhan Ravidas R/o Village and PO-Bodhgaya, Distt.- Gaya
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr.Sudhir Kumar Sinha, Advocate
For the Respondent/s
:
Mrs.Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
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ORAL ORDER
13-08-2026 Heard learned counsel for the appellants and learned Special P.P. for the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2.
2. This appeal has been filed against an order, passed by learned Exclusive Special Judge, SC/ST Act, Gaya in a case, registered under Sections 115(2), 126(2), 109, 191(2), 190, 352
Patna High Court CR. APP (SJ) No.2261 of 2025(5) dt.13-08-2026
of the B.N.S. and Section 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”), whereby the prayer for anticipatory bail of appellants has been rejected.
3. As per FIR, on 15.03.2025 at about 6.00 PM, the informant and others were playing rang-abir in front of the house of Vijay Ravidas. In the meantime, all the accused persons named in the F.I.R. including these appellants assaulted informant side with lathi-danda, stones & iron rod with intent to kill. The accused persons also abused informant by taking caste name.
4. Learned counsel for the appellants submits that appellants are quite innocent and have committed no offence. Present case is counter blast of Bodhgaya P.S. Case No. 196 of 2025, which was lodged by appellant no. 3 against informant. Injuries, caused by appellants, are simple in nature. Moreover, the matter has been compromised between the parties. He further submits that it is not the case of the informant that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out. Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State opposes Patna High Court CR. APP (SJ) No.2261 of 2025(5) dt.13-08-2026
the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this criminal appeal is allowed.
7. Let the appellants, as named above, in the event of arrest or surrender within a period of eight weeks from today, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya , in connection with Bodhgaya P.S. Case No. 197 of 2025.
anay (Prabhat Kumar Singh, J) U T