Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2869 of 2025 Arising Out of PS. Case No.-463 Year-2024 Thana- TARAIYA District- Saran ====================================================== Vijay Rai Son of Shivnath Rai Resident of Village - Chakiya, P.S.- Taraiya, District - Saran.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Avadhesh Ram Son of Late Shiv Kumar Ram Resident of Village - Louwa @ Lauwan, P.S.- Taraiya, District - Saran.

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

For the Appellant/s :

Mr. Alok Kumar Alok, Advccate For the Respondent/s :

Mr. Binay Krishna, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2026

1. Heard learned counsel for the appellant 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 30.01.2025 in A.B.P. No. 04 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Saran at Chapra in connection with Taraiya P.S. Case No. 463 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 352, 303(2), 351(2), 76 and 3(5) of the BNS, 2023 as well as Sections 23(i)(r)(s) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.2869 of 2025(6) dt.08-07-2026 2/3

3. The Investigating Officer of the case, in compliance of the order dated, 30.06.2026, is present in the Court.

4. Learned counsel for the appellant submits that appellant is a person with clean antecedent and allegation against him is of assaulting the informant by rod causing injury on head and the occurrence is alleged to have taken place inside the house of the informant, thus, was not in public view. It is further submitted that even injury suffered by the injured has been opined to be simple in nature.

5. On query of the Court from the Investigating Officer of the case with regard to the injury, it is submitted that injury has been opined to be simple in nature.

6. Learned Special P.P. for the State opposes the appeal.

7. After hearing the learned counsel for the parties, the order dated order dated 30.01.2025 in A.B.P. No. 04 of 2025, is hereby set aside and the appellant above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Trial

Patna High Court CR. APP (SJ) No.2869 of 2025(6) dt.08-07-2026 3/3 Court where the case is pending/successor court in connection with Taraiya P.S. Case No. 463 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

8. Accordingly, the appeal stands allowed.

9. The personal appearance of the Investigating Officer of the case is dispensed with.

(Satyavrat Verma, J) Rishabh/- U T