Sonal Kumar vs The State Of Bihar & Anr.

Heard learned counsel for the appellant, learned counsel for the informant / respondent no. 2 and learned Spl. P.P. / APP I/c for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 18.04.2026 passed by the learned Exclusive Special Judge, SC/ST (PoA) Act, Rohtas at Sasaram, whereby and whereunder the prayer for anticipatory bail of the appellant was rejected, in connection with Dehri SC/ST P.S. Case No. 27 of 2025 dated 08.05.2025, registered for the alleged offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 76, 303(2), 352 and 351(2) of the B.N.S., 2023 and Sections 3(1)(r)(s)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (PoA) Act.

As per the prosecution case, over displacing a bamboo, some altercation took place between the informant and the co-accused Mahendra Singh. When the cousin sister-in-law of the informant intervened, the co-accused called his nephew, the appellant herein, and both of them hurled caste abuses against the informant. The appellant struck on the head of sister-in-law of the informant with tangi, causing its fracture and bleeding. Thereafter, the brother of the appellant tried to outrage the modesty of sister-in-law of the informant by disrobing her. The other family members of the co-accused also assaulted the family members of the informant.

The learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. Learned counsel further submits that no occurrence in the manner as alleged has ever taken place. The parties are next door neighbours and some dispute took place over uprooting the bamboo by the co-accused Mahendra Singh as the informant put his cattle in front of the house of the co-accused by putting a bamboo there and his act was opposed by the co-accused, some altercation took place between them, but the allegation against the appellant is completely false that he gave a tangi blow to the sister-in-law of the informant. The injury report shows only a bruise over the parietal region and the size of the bruise is only 1 cm. This falsifies the allegation that the appellant gave tangi blow on the head of the sister-in-law of the informant causing its fracture and bleeding. Another injury is complain of joint pain for which there is no allegation against the appellant. The appellant is a twenty year old youth having clean antecedent. He has never committed any verbal abuse or physical assault upon informant or any of his family members. There is counter version and co-accused Mahendra Singh has lodged an FIR against the informant bearing Tilauthu P.S. Case No. 136 of 2025 registered under Sections 126(2), 115(2), 118(1), 74, 329(4), 303(2), 352, 351(2) and 3(4) of the B.N.S., 2023. There could be no application of any of the provisions of SC/ST (PoA) Act.

Learned Spl. P.P. / APP I/c and learned counsel appearing on behalf of informant / respondent no. 2 vehemently oppose the submissions made on behalf of the appellant. Learned counsel for the respondent no. 2 submits that there is specific allegation against the appellant and other co-accused persons that they abused the informant and his family members taking their caste name and also assaulted them causing injuries to them.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and also considering the absence of injury attributed to the appellant and further considering the probability of false accusation and the clean antecedent of the appellant, let the appellant above-named, in the event of his arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Rohtas at Sasaram, in connection with Dehri SC/ST P.S. Case No. 27 of 2025, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other other following conditions:

Accordingly, the appeal is allowed and the order dated 18.04.2026 is set aside.