IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5531 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Rohtas ====================================================== Baijanti Kuvar @ Bejanti Gupta @ Baijanti Kunwar W/O Late Sanju Gupta R/O Village- Raipurchor, P.S- Baddi, Distt.- Rohtas. ... ... Appellant/s Versus 1. The State of Bihar 2. Munni Paswan S/O Late Dashrath Paswan R/O Village- Raipurchor, P.S- Baddi, Distt.- Rohtas. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sadanand Roy, Advocate For the Respondent/s : Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 03-04-2026 Heard the parties. 2. This appeal is preferred against the order dated 24.10.2024 passed by learned Additional District and Sessions Judge-17-cum- Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram in connection with Dehri P.S. Case No. 09 of 2024 registered for the offence under Sections 341, 323, 379, 406, 506 and 504/34 of the I.P.C. and under section 3 (2) (va), 3(1), (r), 3 (1) (s) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellant has been rejected. 3. As per the prosecution case, the appellant along with other accused is said to have snatched Rs. 30,000/- from the informant and have also assaulted him. Patna High Court CR. APP (SJ) No.5531 of 2024(5) dt.03-04-2026 2/3 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out as for recovery of money, this false and fabricated case has been lodged against the appellant and therefore the application of the anticipatory bail is maintainable. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that dispute over recovery of money has been given colour of criminal case and such type of mala fide prosecution cannot be allowed to continue, therefore, this application for grant of anticipatory bail is held to be maintainable. 7. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 24.10.2024 passed by learned Additional District and Sessions Judge-17-cum- Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram in connection with Dehri P.S. Case No. 09 of 2024, is hereby set aside. Patna High Court CR. APP (SJ) No.5531 of 2024(5) dt.03-04-2026 3/3 8. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-17-cum- Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram/concerned Court below in connection with Dehri P.S. Case No. 09 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. tusharika/- (Sandeep Kumar, J) U T