IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5320 of 2024 Arising Out of PS. Case No.-543 Year-2024 Thana- MASHRAK District- Saran ====================================================== 1. Suresh Das, S/o Tilak Das, R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 2. Jay Ram Das, S/o Tilak Das, R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 3. Bachcha Das, S/o Tilak Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 4. Awadhesh Das S/o Tilak Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 5. Mukha Das @ Ranjid Das @ Ranjit Kumar @ Mukha S/o Awadhesh Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 6. Gulabi Devi W/o Awadhesh Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 7. Shanti Devi, W/o Ravi Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 8. Mira Devi, W/o Bachcha Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran 9. Nilam Devi, W/o Uma Shankar Das @ Uma Das R/o vill - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran ... ... Appellant/s Versus 1. The State of Bihar 2. Ram Vichar Ram, S/o Bhola Ram, R/o vill. - Lakhanpur, P.S. - Maskrakh @ Mashrak, Distt.- Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Alok Kumar Alok, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. For the Informant : Mr. Vijay Kumar, Advocate Ms. Rajani Kumari, Advocate Ms. Nandita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 01-04-2026 1. Heard learned counsel for the appellants and learned Special Public Prosecutor for the State and the learned counsel appearing on behalf of the informant. 2. This is an appeal under Section 14-A(2) of the Patna High Court CR. APP (SJ) No.5320 of 2024(4) dt.01-04-2026 2/4 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 28.10.2024 in A.B.P. No. 3484 of 2024 passed by the learned Exclusive Special Judge SC/ST (POA) Act, Chapra, Saran, in connection with Mashrak P.S. Case No. 543 of 2024 registered under Sections 126(2), 115(2), 118(1), 329(3), 329(4), 324(2), 74, 352, 351(2), 61(2), 303(2), 3(5) of the B.N.S. as well as Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act. 3. Learned counsel appearing on behalf of the appellants submits that appellants have antecedent of one case but then final form was submitted by the police after investigation and appellant nos. 6 to 9 are criminals and the informant alleges that the appellants on 15.08.2024 along with their family members came and started abusing and left after threatening, thereafter, again on the same day the appellants came at 12.00 midnight and started assaulting and when his wife came to save him Suresh Das started strangulating her while Bachcha Das was firing in the air and they fled with box containing Rs. 20,000/- and jewellery. 4. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the Patna High Court CR. APP (SJ) No.5320 of 2024(4) dt.01-04-2026 3/4 informant. Learned counsel next submitted that from perusal of the allegations as alleged in the FIR it would manifest that no reason assigned for the occurrence has happened. It is further submitted that allegations are in two parts in the first part it is alleged that appellants came on 15.08.2024 and started abusing and left after threatening and thereafter on the same day again they came at 12.00 pm midnight and abused and Suresh Das tried to strangulate his wife while Bachcha Das was firing and the accused appellants took away a box containing Rs. 20,000/- and jewellery. It is further submitted that the entire family members have been implicated with general and omnibus allegation. It is next submitted that even what kind of abuse was hurled is not alleged in the FIR and allegation of strangulating the wife of the informant and firing in the air is ornamental. It is further submitted that FIR has not been instituted under the Arms Act nor any empty cartridges were recovered from the place of occurrence and allegation of fleeing away with box is ornamental. It is also submitted that even presuming what has been alleged is true without admitting then the entire occurrence took place at the house of the informant and thus was not in public view nor the FIR even remotely suggests that the occurrence was witnessed by any independent witness. Patna High Court CR. APP (SJ) No.5320 of 2024(4) dt.01-04-2026 4/4 5. Learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail. 6. Considering the submissions, let the appellants, above named, in the event of their arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. 7. Accordingly, the impugned order is set aside and this appeal stands allowed. khushbu/- (Satyavrat Verma, J) U T