Patna High Court

CR. APP (SJ)/499/2026 of Prahalad Prasad Vs The State of Bihar on 20 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.499 of 2026 Arising Out of PS. Case No.-28 Year-2025 Thana- SC/ST District- Saran ====================================================== Prahalad Prasad Son of Late Ram Ratan Prasad Resident of Village- Samsuddinpur, P.S.- Revilganj, District-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.499 of 2026

Arising Out of PS. Case No.-28 Year-2025 Thana- SC/ST District- Saran ======================================================

Prahalad Prasad Son of Late Ram Ratan Prasad Resident of Village- Samsuddinpur, P.S.- Revilganj, District- Saran

... ... Appellant/s

Versus

1.

The State of Bihar

2.

Rambabu Chaudhary Son of Late Satya Narayan Chaudhary Resident of Village- Samsuddinpur, P.S.- Revilganj, District- Saran

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Vijay Kumar Srivastva, Advocate

For the Respondent/s

:

Ms. Usha Kumari No. 1. Spl.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

20-07-2026

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 11.11.2025 in A.B.P. No. 3652 of 2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Saran at Chapra in connection with SC/ST P.S. Case No. 28 of 2025 registered under Sections 126(2), 115(2), 352 and 351(2) 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 informant despite receiving notice Patna High Court CR. APP (SJ) No.499 of 2026(3) dt.20-07-2026

chooses not to appear and contest. It is further submitted that appellant is a person with clean antecedent and the informant alleges that on 05.07.2025, at 08:40 p.m., the appellant came to his house and abused by taking caste name and said that why are you helping his brother with money and when the informant objected the abuse, it is alleged that informant pulled him out of his house and assaulted by fist and again abused.

4. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant at the behest of his brother. It is further submitted that even presuming what has been alleged is true without admitting then the entire occurrence took place at the house of the informant, thus, was not in public view.

5. Learned Special Public Prosecutor for the State opposes the prayer for anticipatory bail of the appellant.

6. Considering the submissions made by the learned counsel appearing on behalf of the appellant, let the appellant, above-named, in the event of his arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where Patna High Court CR. APP (SJ) No.499 of 2026(3) dt.20-07-2026

the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. Accordingly, the impugned order is set aside and this appeal stands allowed.

Kundan/- (Satyavrat Verma, J) U T

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