IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4949 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- SC/ST District- Gaya ====================================================== 1. Tata Yadav @ Tata Kumar @ Nitish Kumar S/O Birendra Yadav Village- Pachanawam, Ps. Magadh University, Dist. Gaya 2. Mahendra Yadav S/O Keshwar Yadav Village- Pachanawam, Ps. Magadh University, Dist. Gaya 3. Prince Yadav @ Prince Kumar S/O Mahendra Yadav Village- Pachanawam, Ps. Magadh University, Dist. Gaya 4. Pankaj Yadav @ Ravi Kumar S/O Mahendra Yadav Village- Pachanawam, Ps. Magadh University, Dist. Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Kiran Devi W/O Rajesh Choudhary Village- Etara Tola Pachanawan, Ps. Magadh University, Dist. Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aryan Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 19-03-2026 Despite valid service of notice, none appears on behalf of the respondent no. 2. 2. Heard learned counsel for the appellants and the State. 3. This appeal has been filed against the order dated 22.07.2023 passed by learned Exclusive Special Judge, SC/ST Spl Court, Gaya in ABP No. 250 of 2023 arising out of SC/ST P.S. Case No. 33 of 2023 registered under Sections 323, 341, 354(A), 379, 504, 506/34 of the Indian Penal Code and Sections Patna High Court CR. APP (SJ) No.4949 of 2023(4) dt.19-03-2026 2/3 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. As per F.I.R., when informant went to fetch water from water tank, appellant no. 1 stopped her from doing so. Upon objection, these appellants abused informant by caste name, assaulted her and snatched gold earrings and nose ring. 5. Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in this case. Due to petty dispute, altercation took place between the parties. Allegation of assault is general and omnibus. F.I.R. has been lodged after inordinate delay of about eight days which itself raises doubt over veracity of the prosecution case. It is not the case of informant that alleged incident occurred within public view and as such, no case under SC/ST Act is made out against the appellants. Rest of the allegations are ornamental only to make the case grave. Appellants claim clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the nature of accusation, delay in lodging the F.I.R. and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a Patna High Court CR. APP (SJ) No.4949 of 2023(4) dt.19-03-2026 3/3 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 Exclusive Special Judge, SC/ST Spl Court, Gaya in ABP No. 250 of 2023 arising out of SC/ST P.S. Case No. 33 of 2023. 8. Accordingly, this criminal appeal is allowed and impugned order dated 22.07.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T