IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2104 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1. Tyagi Pashwan @ Tyagi Kumar Paswan @ Tyagi Paswan S/o Late Vansidhar @ Ladu Sadhu R/o vill - Alipur (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur 2. Vishwajit @ Vishawajit S/o Parma Paswan R/o vill - Alipur (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur 3. Umesh Paswan @ Umesh Pashwan S/o Parma Paswan R/o vill - Alipur (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur 4. Ranjan Kumar S/o Radhakishun Kushwaha @ Radhakrishna Singh R/o vill - Alipur (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur 5. Pramod Kushwaha S/o Shiv Prakash Kushwaha R/o vill - Alipur (Sarauna Tola), P.s. - Ara Mufassil, Distt. - Bhojpur ... ... Appellant/s Versus 1. The State of Bihar 2. Anil Kumar Ram S/o Upendra Ram R/o vill - Alipur, P.S. - Ara Mufassil, Distt. - Bhojpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Diwakar . For the Respondent/s : Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 8 23-02-2026 1. Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. No one appears for the opposite party no. 2. 3. . An order, dated 06.10.2023, passed by learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Patna High Court CR. APP (SJ) No.2104 of 2024(8) dt.23-02-2026 2/4 Bhojpur at Ara, in ABP No. 2745 of 2023, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Ara Muffasil Police Station Case No. 380 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 326, 341, 325 and 307 of the Indian Penal Code and Section 3 (1)(r)(s)/3(2)(v) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected. 4. As per the FIR, on 23.08.2023, in the morning, the father of the informant had gone outside for collecting his wages from co-accused Radhakishun Kushwaha and when he demanded his Rs. 6,000/- as wages, co-accused Radhakishun Kushwaha became angry and started abusing the informant by his caste name and on instigation, all the co-accused including the appellants assaulted the informant's father due to which he sustained injury in the eye and when the informant and his other family members reached in order to save his father, all the accused persons assaulted them by means of sharp weapon. 5. Learned counsel for the appellants submits that the present FIR has been lodged with oblique motive in order to Patna High Court CR. APP (SJ) No.2104 of 2024(8) dt.23-02-2026 3/4 extort money from the accused persons. The abuse with the caste name was not in full public view. The injuries caused to the informant's father and others are not serious and are simple in nature. Co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 5292 of 2023. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the appellants privilege of anticipatory bail. 7. This appeal is, accordingly, allowed and the order, dated 06.10.2023, passed by learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara, in ABP No. 2745 of 2023, is set aside. 8. Let the appellants, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 A.D.J.-1st, Bhojpur at Ara, in connection with Ara Muffasil Police Station Case No. 380 of 2023, subject to the condition laid down under Section Patna High Court CR. APP (SJ) No.2104 of 2024(8) dt.23-02-2026 4/4 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T