Anticipatory bail granted where SC/ST Act allegations appear to be a counterblast to a prior extortion case.

The appellants sought anticipatory bail following the refusal of their prayer by the Special Court, SC/ST, Rohtas, via order dated 18.11.2025

The prosecution alleged that Appellant No. 1 abused the informant (Respondent No. 2) using caste-based slurs and instigated Appellant No. 2 to assault him with fists

The appellants contended the case was a "counterblast" to an earlier FIR (Nauhatta P.S. Case No. 189/2025) filed against the informant for extortion

They further argued that Appellant No. 1 is a Mukhiya and the allegations were concocted to create a defense

Whether the appellants are entitled to anticipatory bail under Section 14(A)(2) of the SC/ST Act, considering the nature of allegations and the plea of malicious prosecution

The court considered Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act regarding appeals against bail orders

It applied the provisions of Sections 126(2), 115(2), 352, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS)

Additionally, it applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) concerning the conditions for the grant of bail

The court examined the competing narratives, noting the existence of a "case and counter case" between the parties

It observed that the defense's argument—that the current FIR was a retaliatory measure for a prior extortion case filed by the appellants—cast significant doubt on the veracity of the prosecution's claims

The court highlighted the "doubtful nature of allegation" and the "possibility of false accusation"

Despite the State’s opposition based on specific allegations of caste-based abuse, the court found that the circumstances warranted protection from arrest pending trial, provided the appellants cooperated with the proceedings

The court directed that in the event of arrest or surrender, the appellants be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties

This relief was made subject to conditions under Section 482(2) of the BNSS, including the requirements that one bailor must be a close relative and the appellants must be present on all trial dates