Prashan Kumar Singh @ Prashant Kumar @ Prashant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1693 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- PARSA District- Saran ====================================================== 1.

Prashan Kumar Singh @ Prashant Kumar @ Prashant Singh S/o Teni Singh @ Ranjit Singh Resident of Village - Shobhe Parsa, P.S. - Parsa, District - Saran 2.

Prince Kumar S/o Pappu Singh @ Subodh Singh @ Pappu Kumar Singh @ Subodh Kumar Singh Resident of Village - Shobhe Parsa, P.S. - Parsa, District - Saran 3.

Santosh Singh @ Deepak singh S/o Tejendra Singh Resident of Village - Shobhe Parsa, P.S. - Parsa, District - Saran 4.

Vicky Kumar Singh @ Vicky Singh @ Bikki Kumar S/o Santosh Singh @ Deepak Singh Resident of Village - Shobhe Parsa, P.S. - Parsa, District - Saran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Amar Nath Das S/o Laxman Das Resident of Village - Shobhe Parsa, Post and P.S. - Parsa, District - Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Adarsh Ranjan, Adv.

For the Respondent/s :

Ms. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2025

1. Heard learned counsel for the appellants and learned Spl. P.P. for the State.

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

3. 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

2/4 order dated 29.03.2025 in A.B.P. No. 923 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Chapra, Saran in connection with Parsa P.S. Case No. 27 of 2025 registered for the offences punishable under Sections 126(2), 115, 118(2), 74, 351, 351(2) and 3(5) of the BNS, 2023 as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

4. Learned counsel for the appellants submits that appellant nos. 2, 3, 4 and 6 are persons with clean antecedent and the informant alleges that on 11.02.2025 at about 08:00 AM when his niece was going to the coaching when Manish acted inappropriately with her, thereafter, her niece came back home and disclosed about the occurrence on which son of the informant Aditya went to the house of Manish to inquire, but he was not present at the house, thereafter on the same day at 07:30 PM Manish along with Prashant, Prince, Vicky, Santosh and Pappu along with unknown accused came variously armed at the doors of the informant and started abusing by taking caste name and thereafter accused persons assaulted him by rod causing injury on head, thereafter, the brother of the informant, Ramesh, came to save him when he was also assaulted by lathi, on alarm people gathered and the injured were taken to the hospital.

3/4

5. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant being family members of Manish. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that thrust of the allegation is against Manish and the appellants being family members of Manish have been implicated with general and omnibus allegation. It is further submitted that the informant alleges that the entire allegation took place at his house and as such was not in public view. It is also submitted that the family members of Manish have been implicated in order to coerce Manish into submission.

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

7. In view of the submissions made by the learned counsel for the appellants, the order dated 29.03.2025 in A.B.P. No. 923 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Chapra, Saran in connection with Parsa P.S. Case No. 27 of 2025, is hereby set aside and the appellants above-named, in the event of their arrest or surrender before the learned Court below 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

4/4 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parsa P.S. Case No. 27 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

8. Accordingly the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T