Khublal Yadav @ Khublal Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1246 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- ANTI District- Gaya ====================================================== 1.

Khublal Yadav @ Khublal Gope Son of Late Tetar Yadav Resident of Village - Khawaspur, P.S. - Anti, District - Gayaji. 2.

Ramashrya Yadav @ Ramashrya Kumar Yadav Son of Khublal Yadav @ Khublal Gope Resident of Village - Khawaspur, P.S. - Anti, District - Gayaji. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Reshami Devi W/o Vikash Das Resident of Village - Khawaspur, P.S. - Anti, District - Gayaji.

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

For the Appellant/s :

Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s :

Mr. Binay Krishna, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2026

1. Heard learned counsel for the appellants and learned Special P.P. for the State, Mr. Binay Krishna.

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 20.02.2026 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya Ji in connection with Anti P.S. Case No. 08 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 74, 352, 351(2), 3(5) of the BNS, 2023 as well as Sections 3(1)(v), 3(1)(r), 3(1)(s) and 3(2)(va) of

Patna High Court CR. APP (SJ) No.1246 of 2026(4) dt.28-07-2026 2/3 the SC/ST Act.

3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and the informant alleges that on 21.01.2026 at about 03:30 PM, the informant went to bring wood when accused persons including the appellants intercepted her and abused and assaulted her.

4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of abuse and assault is general and omnibus in nature. It is also submitted that this perhaps explains why the informant despite receiving notice chooses not to appear and contest.

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 20.02.2026 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya Ji in connection with Anti P.S. Case No. 08 of 2026, 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.

Patna High Court CR. APP (SJ) No.1246 of 2026(4) dt.28-07-2026 3/3 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 Anti P.S. Case No. 08 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. Accordingly, the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T