IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5243 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- GARKHA District- Saran ====================================================== 1. Saurabh Kumar Surya @ Saurabh Kumar @Saurabh Rai S/O Sunil Kumar @ Bhanu Rai R/O Village- Tahal Tola, P.S- Garkha, Distt.- Saran. 2. Vikash Kumar @ Vikas Kumar @ Vikas Rai S/O Sunil Kumar @ Bhanu Rai R/O Village- Tahal Tola, P.S- Garkha, Distt.- Saran. 3. Pramod Kumar @ Pramod Rai S/O Chhapit Rai @ Ram Chhapit Rai R/O Village- Tahal Tola, P.S- Garkha, Distt.- Saran. 4. Sandeep Kumar @ Sandeep Rai S/O Shivnath Rai @ Krishna Rai R/O Village- Tahal Tola, P.S- Garkha, Distt.- Saran. ... ... Appellant/s Versus 1. The State of Bihar 2. Uma Shankar Manjhi Haribadan Manjhi R/V- Barbakpur, P.O.- Pirauna, P.S.- Garkha, District- Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Harsh Singh, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 12-03-2026 Despite filing Vakalatnama, 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 04.10.2023 passed by learned Exclusive Special Judge, SC/ST, Saran in ABP No. 3665 of 2023 arising out of Garkha P.S. Case No. 197 of 2023 registered under Sections 147, 148, 149, 323, 324, 380, 448, 504, 506 of the Indian Penal Code, Section 27 of Patna High Court CR. APP (SJ) No.5243 of 2023(4) dt.12-03-2026 2/3 the Arms Act and Sections 3(1)(r)(s)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. As per prosecution case, 12 named and 15 unknown persons armed with rod, sword, farsa and pistol, came at the house of informant, assaulted him and other family members and abused them by caste name. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. As a matter of fact, informant, his brothers and others were indulged in selling illicit liquor on the land of the appellants’ side and on protest, the informant’s side assaulted appellants and others and also took away Rs. 5,000/- for which Garkha Police Station Case No. 196/2023 was registered against the informant and others and in order to create defence, informant lodged this false case. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against these appellants. Moreover, injuries sustained by the injured are simple in nature. It is not the case of the informant that any member of public was present at the time of the incident, as such, no case under SC/ST Act is made out. Similarly situated co-accused persons have been granted anticipatory bail by this Court, vide order dated Patna High Court CR. APP (SJ) No.5243 of 2023(4) dt.12-03-2026 3/3 18.07.2024 passed in Cr. Appeal (SJ) No. 5240/2023. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. 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 Exclusive Special Judge, SC/ST, Saran in ABP No. 3665 of 2023 arising out of Garkha P.S. Case No. 197 of 2023. 8. Accordingly, this criminal appeal is allowed and impugned order dated 04.10.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T