Chikiya @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1800 of 2024 Arising Out of PS. Case No.-1721 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Chikiya @ Vishal Kumar son of Dinesh Kumarsingh Village- Hinduni Nainchak Ps- Phulwarisharif Dist- Patna ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Abhishek Kumar Srivastava For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025 1.

Heard learned counsel for the appellant and learned Spl. P.P. for the State, Sri 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 11-3-2024 in A.B.P. No. 822 of 2024 passed by the learned Special Judge S.C./S.T. (POA) Act, Patna in connection with Phulwarisharif P.S. Case No. 1721 of 2023 registered for the offences punishable under Sections 341, 323, 324, 354, 427, 504, 307 and 34 of the Indian Penal Code as well as Sections 3(1)(s)(w) of the SC/ST Act.

3.

No one appears on behalf of the respondent No. 2. 4.

Learned counsel for the appellant submits that

Patna High Court CR. APP (SJ) No.1800 of 2024(3) dt.12-11-2025 2/3 appellant is a person with clean antecedent and the informant alleges that on 7-12-2023, he along with his family members were on the way to attend a reception, when his co-villager, i.e., the accused persons including appellant intercepted and assaulted them, further Suraj assaulted informant's daughter, namely, Rishika with farsa causing injury on her head, thereafter appellant along with other accused assaulted his wife with lathi, farsa, and also acted inappropriately with her, and thereafter the accused fled after abusing the informant by his caste name. 5.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the instant case. It is next submitted that from perusal of allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the appellant and the FIR does not even remotely suggests that the occurrence was witnessed by any independent witnesses. It is also submitted that since a false case has been instituted, as such the respondent No. 2 despite receiving notice chose not to appear and contest the case.

6.

Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

7.

Considering the aforesaid facts, let the appellant above-named, in the event of his arrest or surrender before the

Patna High Court CR. APP (SJ) No.1800 of 2024(3) dt.12-11-2025 3/3 learned trial trial court within a period of six weeks from today, 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 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.

8.

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

(Satyavrat Verma, J) Sumit/- U T