Dharmendra Rajbhar @ Dharmendra Rai Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr. Om Prakash Upadhyay, Advocate For the Complainant : Mr. Abhay Kumar Pandey, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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5 22-01-2026

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Heard learned counsel for the appellants, learned

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counsel for the complainant and learned Spl. P.P. for the State.

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This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 29.07.2025 in SC/ST P.T. No.BRBU10P0006452025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Buxar in connection with Rajpur P.S. Case No. 163 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 49, 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita

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Patna High Court CR. APP (SJ) No.3374 of 2025(5) dt.22-01-2026 2/3

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and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

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The case of the prosecution, in short, is that the appellants along with others being armed with lathi danda started abusing the complainant. Vinod Rajbhar ordered to assault. On his order, Sanjay Rajbhar and Mithu Rajbhar assaulted with lathi due to which the complainant received bleeding injury on his head. It is further alleged that Dhananjay Rajbhar, Subhash Rajbhar and Ashok Rajbhar assaulted with lathi on the left hand and back of the complainant.

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Learned counsel for the appellants submit that the from perusal of the FIR itself it is clear that there is no allegation of assault against these appellants. As far as abusing by caste name is concerned, the same is general and omnibus. It has further been submitted by the learned counsel for the appellants that the complainant has received simple injuries and the appellants are having no criminal antecedent. Learned counsel for the appellants has lastly submitted that the appellants are in judicial custody since 11.07.2025.

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Learned counsel for the complainant is present and has conceded to the arguments of the learned counsel for the appellants.

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In view of the submissions made by the learned

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Patna High Court CR. APP (SJ) No.3374 of 2025(5) dt.22-01-2026 3/3

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counsel for the appellants, the order dated 29.07.2025 in SC/ST P.T. No.BRBU10P0006452025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Buxar in connection with Rajpur P.S. Case No. 163 of 2025 is hereby set aside and the appellants above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of 1^st Additional Sessions Judge-cum-Special Judge(SC/ST), Buxar in connection with Rajpur P.S. Case No. 163 of 2025.

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Accordingly the appeal stands allowed.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Dharmendra Rajbhar @ Dharmendra Rai v. The State of Bihar

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Dharmendra Rajbhar @ Dharmendra Rai v. The State of Bihar

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