IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5167 of 2024 Arising Out of PS. Case No.-231 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1. Chandan Kumar @ Chandan Yadav S/o Mohan Ray R/o vill - Shahpur Undi, P.S. - Patory, Distt. - Samastipur 2. Vinod Ray @ Vinod Kumar Ray S/o Jitendra Ray R/o vill - Shahpur Undi, P.S. - Patory, Distt. - Samastipur 3. Mukesh Kumar @ Mukesh Kumar Azad S/o Yogendra Ray R/o vill - Bhaua, P.S. - Patory, Distt.- Samastipur 4. Yogendra Ray S/o Anup Lal Ray R/o vill - Bhaua, P.S. - Patory, Distt.- Samastipur 5. Prabhas Ray @ Prabhash Chandra Ray S/o Late Nandlal Ray R/o vill - Sirdilpur, P.S. - Patory, Distt. - Samastipur ... ... Appellant/s Versus 1. The State of Bihar 2. Parvati Devi W/o Sagar Sada R/o vill - Hasanpur Surat Tanda, P.S. - Patory, Distt.- Samastipur ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Suneil Kumar Thakur, Advocate For the State : Mr. Sadanand Paswan, Spl.PP For the Informant : Mr. Surendra Kishore Thakur, Advocate Mr. Aditya Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 02-04-2026 Heard learned counsel appearing for the appellants, learned Special Public Prosecutor appearing for the respondent- State and learned counsel appearing for the informant/Respondent No. 2. 2. At the outset, learned counsel for the appellants seeks permission to withdraw this appeal with regard to Appellant No. 5, namely Prabhas Ray. Patna High Court CR. APP (SJ) No.5167 of 2024(4) dt.02-04-2026 2/4 3. Permission, as prayed for, is accorded. 4. Accordingly, this pre-arrest bail application with regard to Appellant No. 5 stands dismissed as withdrawn. 5. This appeal has been filed for setting aside order dated 23.10.2024 passed in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 6. As per prosecution case, dispute over construction under Nal Jal Yojana led to maar-peet in which it is alleged that all the F.I.R. named accused persons, including these appellants, assaulted informant and others and abused them by caste based slurs. 7. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. As a matter of fact, no occurrence as alleged in the F.I.R. every took place rather being mislead by one Vikash Bagan, who happens to be husband of Ward Councilor of Patory Nagar Parishad, informant and others obstructed the work of boring and upon protest by appellants Patna High Court CR. APP (SJ) No.5167 of 2024(4) dt.02-04-2026 3/4 and others, a simple maar-peet took place and taking advantage of the situation, this false and concocted case has been lodged. It is further submitted that for the same set of occurrence, Patory police has also lodged an F.I.R. being Patori P.S. Case No. 246 of 2024. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these appellants. Moreover, it is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against these appellants. 8. Learned Spl. P.P. appearing for the respondent-State and learned counsel appearing for the informant/Respondent No. 2 have vehemently opposed the prayer for grant of bail to the appellants. 9. Considering the facts and circumstances of the case and general and omnibus nature of accusation, this appeal is allowed and the impugned order dated 23.10.2024 passed by the learned Special Judge, SC/ST (POA) Act, Samastipur in connection with A.B.P. No. 1974 of 2024 arising out of Patory P.S. Case No. 231 of 2024 is hereby set aside with respect to Appellant Nos. 1, 2, 3 and 4 only. Patna High Court CR. APP (SJ) No.5167 of 2024(4) dt.02-04-2026 4/4 10. Accordingly, let Appellant Nos. 1, 2, 3 and 4, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Patory P.S. Case No. 231 of 2024. 11. With the aforesaid directions, this application stands disposed of. shashank/- (Prabhat Kumar Singh, J) U T