CR. APP (SJ)/2038/2025 of Vikash Gupta @ Vikash Kumar Vs The State of Bihar on 20 July 2026

ORAL ORDER

20-07-2026

1. Heard learned counsel for the appellants and learned Special P.P. for the State, Ms. Usha Kumari No. 1.

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 02.04.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Begusarai in connection with Cheria Bariyarpur P.S. Case No. 19 of 2025 registered for the offences punishable under Sections of the Indian Penal Code as well as Sections 190, 191(2),

191(3), 109(1), 352, 351(1) of the BNS, 2023 and under Section 27 of Arms Act and under Sections 3(1)(2) (va) of the SC/ST Act.

3. Learned counsel appearing on behalf of the appellants submits that respondent no. 2 despite receiving notice chooses not to appear and contest, it is next submitted appellants are persons with clean antecedent and the informant alleges that no confidence motion was moved against the Pramukh and Up pramukh by Manoj Bharti on 19.02.2025, the informant being Panchayat Samiti member was against the no confidence motion, hence on 19.02.2025 at 11:00 AM, seven named accused persons including the appellants came to his house and fired seven rounds, but he was not present in his house though his mother was and firing was made by Manoj along with co- accused persons and seven empty cartridges were recovered from the place of occurrence, further Vikash abused by taking caste name.

4. Learned counsel appearing on behalf of the appellants submits that appellants have been falsely implicated in the instant case by the informant with general and omnibus allegations, it is further submitted that informant himself alleges that he was not present in his house, but then also alleges that accused persons came and fired at his house, but then does not disclose how he came to know that it were the accused persons including the appellants who came and fired at his house, it is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to no confidence motion, the occurrence is alleged to have taken place, it is further submitted that the dispute is political and appellants are persons with clean antecedent, it is also submitted that since appellants are political adversary of the informant, as such, they have been been implicated in the instant case, it is also submitted that allegation of abuse is alleged to have taken place at the house of the informant thus was not in public view and no one was injured in the firing.

5. Learned Special P.P. for the State opposes the appeal.

6. In view of the submissions made by the learned counsel for the appellants, the order dated 02.04.2025 is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Cheria Bariyarpur P.S. Case No. 19 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. Accordingly, the appeal stands allowed.

Nitesh/- (Satyavrat Verma, J) U T