IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4599 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- CHOUTARWA District- West Champaran ====================================================== 1. Chandan Jaiswal @ Chandan Prasad Son of Anirudh Jaiswal R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran 2. Kundan Jaiswal @ Ashish Prasad @ Kundan Kumar Son of Anirudh Jaiswal R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran 3. Anirudh Prasad Son of Late Vishwanath Prasad R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran 4. Rameshwar Prasad Son of Late Vishwanath Prasad R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran 5. Gulab Prasad Son of Late Vishwanath Prasad R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Ramu Ram Son of Late Durga Ram R/o vill - Chautarwa, P.S. - Chautarwa, Distt. - West Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Brij Kishor Mishra, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor For the R.No. 2 : Mr. Vijay Kumar Singh No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 19-03-2026 Heard learned counsel for the appellants, respondent no. 2 and the State. 2. This appeal has been filed against the order dated 26.07.2023 passed by learned Additional District & Sessions Judge 1st-cum-Special Judge, SC/ST, Bettiah, West Champaran in ABP No. 1828 of 2023 arising out of Chautarwa P.S. Case No. 35 of 2023 registered under Sections 341, 323, 504, 506, 325, 354B, 379/34 of the Indian Penal Code and Section 3(1)(r) Patna High Court CR. APP (SJ) No.4599 of 2023(5) dt.19-03-2026 2/3 (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. Prosecution case, in brief, is that on 7.2.2023 at about 11:45 am, when informant was repairing his hut, these appellants, armed with lathi, danda, farsa, rod, came there and obstructed the repairing work and abused informant by caste name. Upon protest, these appellants brutally assaulted him and when his wife came to save him, she was also assaulted and disrobed. It is further alleged that they also snatched Mangalsutra from the neck of the wife of informant. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. As a matter of fact, informant and others, in order to grab the land of appellants, were constructing hut which was protested by the appellants which led to an altercation. Allegation of assault is general and omnibus and there is no injury report on record to substantiate the allegation. It is not the case of informant that any member of public was present when the incident occurred as such, no case under SC/ST Act is made out against appellants. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed Patna High Court CR. APP (SJ) No.4599 of 2023(5) dt.19-03-2026 3/3 the bail application. 6. Considering the aforesaid facts, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 1st-cum-Special Judge, SC/ST, Bettiah, West Champaran in ABP No. 1828 of 2023 arising out of Chautarwa P.S. Case No. 35 of 2023. 7. Accordingly, this criminal appeal is allowed and impugned order dated 26.07.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T