Vivek Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.272 of 2026 Arising Out of PS. Case No.-26 Year-2025 Thana- SC/ST District- Lakhisarai ====================================================== 1.

Vivek Ram S/O Chamru Ram Resident of Village- Rampur Tola Narghara Musahri, P.S.- Surjagarha, District- Lakhisarai. 2.

Ramvilas Ram S/o Chamru Ram Resident of Village- Rampur Tola Narghara Musahri, P.S.- Surjagarha, District- Lakhisarai. 3.

Bipin Ram S/o Bechan Ram Resident of Village- Rampur Tola Narghara Musahri, P.S.- Surjagarha, District- Lakhisarai. ... ... Appellant/s

Versus

1.

The State of Bihar Patna 2.

Dukhan Manjhi S/O Bauku Manjhi R/O Vill and P.O.- Rampur, P.S.- Surajgarha, Dist.- Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Binay Kumar For the Respondent/s :

Mr.Sadanand Paswan, Spl. PP Mr. Arun Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2026 1.

Heard learned counsel for the appellants, learned Spl. P.P. for the State, Sri Sadanand Paswan and the learned counsel appearing on behalf of the informant. 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 16.10.2025 in A.B.P. No. 1206 of 2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Lakhisarai in connection with Lakhisarai

Patna High Court CR. APP (SJ) No.272 of 2026(3) dt.18-06-2026 2/3 SC/ST P.S. Case No. 26 of 2025 registered for the offences punishable under Sections 191(1), 190, 126(2), 115, 109, 352, 351(2) of the BNS as well as Sections 3(1)(r)(s) and 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.

3.

Learned counsel submits that appellants are persons with clean antecedent and the informant alleges that 27.08.2026, he was constructing boundary wall on his land when at 01:00 P.M., nine named accused persons including the appellants came and Chamru along with Bechan assaulted by rod causing injury on head, further Mithlesh and Vivek by rod assaulted Mantu causing injury on right leg, thereafter Ram Pravesh and Sharwan assaulted Krishna with rod causing injury on head, thereafter accused persons threatened not to construct the wall.

4.

Learned counsel appearing on behalf of of the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to construction of boundary wall, an altercation took place in which both side assaulted each other. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assaulted is alleged against the appellants

Patna High Court CR. APP (SJ) No.272 of 2026(3) dt.18-06-2026 3/3 and even allegation of abuse is general and omnibus. 5.

Learned Spl. P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the appellants but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the appellants that no specific allegation of assault and abuse is alleged against the appellants.

6.

Considering the aforesaid facts, let 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 the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.

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

(Satyavrat Verma, J) Sumit/- U T