IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5005 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Madanpur District- Araria ====================================================== 1. MAHESH YADAV S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria 2. Rajendra Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria 3. Bhavesh Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria 4. Jagdish Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria 5. Ramesh Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria 6. Suraj Yadav @ Suraj Kumar S/o Mahesh Yadav R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria ... ... Appellant/s Versus 1. The State of Bihar 2. Durganand Paswan S/o Late Mukund Lal Paswan R/o vill - Kanain Chowk, Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Mrigendra Kumar, Advocate For the State : Mr. Sadanand Paswan, Spl.PP For the Informant : Mr. Rakesh Mohan Singh, 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. This appeal has been filed for setting aside order Patna High Court CR. APP (SJ) No.5005 of 2024(4) dt.02-04-2026 2/4 dated 01.10.2024 passed in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354B, 379, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 3. As per prosecution case, all the F.I.R. named accused persons, including these appellants, variously armed, came to the house of informant, abused him with caste based slurs and assaulted him. It is further alleged that when wife of informant came to rescue, she was also assaulted. 4. 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, due to long standing land dispute between the parties, a simple quarrel took place and taking advantage of the situation, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these appellants. Moreover, injuries, allegedly caused by these appellants, are simple in nature. It is not the case of the prosecution that any member of public was present Patna High Court CR. APP (SJ) No.5005 of 2024(4) dt.02-04-2026 3/4 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. Appellants claim clean antecedents. 5. 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. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the appellants, this appeal is allowed and the impugned order dated 01.10.2024 passed by the learned 1st Additional District and Sessions Judge-cum-Special Judge, Araria in connection with A.B.P. No. 2258 of 2024 arising out of Madanpur P.S. Case No. 02 of 2024 is hereby set aside with respect to these appellants only. 7. Accordingly, let the appellants, 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 Patna High Court CR. APP (SJ) No.5005 of 2024(4) dt.02-04-2026 4/4 learned 1st Additional District and Sessions Judge-cum-Special Judge, Araria in connection Madanpur P.S. Case No. 02 of 2024. shashank/- (Prabhat Kumar Singh, J) U T