Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3135 of 2025 Arising Out of PS. Case No.-321 Year-2024 Thana- PARAIYA District- Gaya ====================================================== 1.

Raushan Kumar Son of Pradeep Yadav @ Ishwari Yadav. Resident of Village- Vishunpur, P.S.- Paraiya, District - Gaya 2.

Santu Kumar Son of Raj Nandan Yadav Resident of Village- Vishunpur, P.S.- Paraiya, District - Gaya 3.

Munna Kumar Son of Kapil Yadav Resident of Village- Vishunpur, P.S.- Paraiya, District - Gaya 4.

Pradeep Yadav @ Ishwari Yadav Son of Late Triloki Yadav. Resident of Village- Vishunpur, P.S.- Paraiya, District - Gaya 5.

Ravi Kumar Son of Ram Pravesh Yadav @ Ishwari Yadav. Resident of Village- Vishunpur, P.S.- Paraiya, District - Gaya 6.

Guddu Kumar Son of Rajdeo Yadav @ Rajdev Yadav. Resident of VillagePrabhua, P.S.- Paraiya, District - Gaya. 7.

Rajdeo Yadav @ Rajdev Yadav Son of Late Ramanand Yadav @ Ramanand Yaav @ Biku Resident of Village- Prabhua, P.S.- Paraiya, District - Gaya. 8.

Vikash Kumar Son of Raju Yadav @ Rajesh Yadav. Resident of Village Sarabadipur (Lodipur) P.S.- Paraiya, District - Gaya. 9.

Subhash Kumar @ Kariba Son of Raju Yadav @ Rajesh Yadav. Resident of Village Sarabadipur (Lodipur) P.S.- Paraiya, District - Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ashok Kumar S/O Sri Ram Ekbal Paswan R/O Vill.- Prabhua, P.S.- Paraiya, Dist.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arvind Kumar Singh For the Respondent/s :

Ms.Usha Kumari 1, Spl. PP Mr. Ranjeet Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-05-2026 1.

Heard learned counsel for the appellants, learned Spl. P.P. for the State, Ms Usha Kumari No. 1 and the learned counsel appearing on behalf of the informant. 2.

This is an appeal under Section 14-A(2) of the

2/4 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 19-5-2025 in A.B.P. No. 130 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in connection with Paraiya P.S. Case No. 321 of 2024 registered for the offences punishable under Sections 192(2), 190, 329(4), 126(2), 115(2), 352 and 351(2) of the BNS as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. 3.

Learned counsel for the appellants submits that appellant nos. 1, 2, 3, 4, 5, 8 and 9 are persons with clean antecedent and appellant nos. 6 and 7 have antecedent of two cases and the informant alleges that on 25-9-2024 at 7 pm, Guddu and Ravi came and were drunken and started abusing by taking caste name, further his cousin brother Pankaj came and asked them to leave, when Guddu carrying arms asked Ravi to call everyone, thereafter 30-35 accused persons came and vandalised his house and his brother's house and accordingly police was called when accused fled, further on 26-9-2024 at 8 am, he had gone to purchase vegetables when 12 named accused persons including the appellants along with 10-15 unknown accused assaulted him and left threatening and informant was

3/4 admitted in a hospital.

4.

Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that allegations are in two parts; it is further submitted that informant alleges that on 25-9-2024 30-35 accused persons came and vandalised his house and the house of his brother and police was informed but then no FIR was instituted, it is next submitted that as far as occurrence of 26-9-2024 is concerned, the allegation of assault is general and omnibus in nature and the informant does not disclose the nature of injury suffered.

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.

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.

4/4 7.

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

(Satyavrat Verma, J) Sumit/- U T