IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3743 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- DERNI BAZAR District- Saran ====================================================== 1. Mohan Singh son of Gorakh Singh Resident of Village- Ramjitpur PS- Derni District- Saran 2. Amresh Kumar Singh @ Amresh Singh son of Mohan Singh Resident of Village- Ramjitpur PS- Derni District- Saran ... ... Appellant/s Versus 1. The State of Bihar. 2. Murat Devi Wife of Jaynath Ram Resident of Village- Ramjitpur PS- Derni District- Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Shyameshwar Kumar Singh, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 07-11-2025 Heard learned counsel for the appellants, learned Spl. P.P. for the State and counsel for the Informant. 2. This appeal is preferred against the order dated 27.07.2024 passed by the learned Exclusive Spl. Court (SC/ST, Act) Saran at Chapra, passed in ABP No. 2404 of 2024, in con- nection with Derni P.S. Case No. 119 of 2024, registered under Sections 341, 323, 554, 504, 506/34 of the Indian Penal Code and under Section 3(I)(r)(s)(w)/3 (2) (va) of the S.C./ S.T. Act. 3. As per the prosecution case, the allegation against the appellants is that occurrence took place due to grazing of goat in the filed of informant. It is alleged that Appellants along with others assaulted the informant and his family members and also Patna High Court CR. APP (SJ) No.3743 of 2024(3) dt.07-11-2025 2/3 threatened them by caste name. 4. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case and no of- fence under the provisions of SC/ST Act is made out in this case as the main thrust of allegation is because of a trivial dispute and not because of prosecution side belonging to the SC/ST community, therefore not even a prima facie case is made out and consequently, this application for anticipatory bail is main- tainable. He relies upon the Judgment of the Hon’ble Supreme Court in the case of Kiran Vs. Rajkumar Jivraj Jain and Anr. reported in 2025 INSC 1067 and in the case of Hitesh Verma Vs. State of Uttarakhand reported in (2020) 10 SCC 710. 5. Learned counsel for the State and the informant have opposed the prayer of the appellants for grant of bail. 6. I have considered the submissions of the parties and perused the materials on record. 7. From reading of the F.I.R., it appears that the occur- rence has taken place on account of grazing of goat in the filed of informant and it does not appear that offence has been com- mitted against the informant on the ground that he is a member of S.C./S.T. community. 8. Considering the aforesaid facts and also the law Patna High Court CR. APP (SJ) No.3743 of 2024(3) dt.07-11-2025 3/3 laid down by the Hon’ble Supreme Court in the case of Kiran vs. Rajkumar Jivraj Jain and Anr. (Supra) and in the case of Hitesh Verma Vs. State of Uttarakhand (supra), this applica- tion for grant of anticipatory bail is held to be maintainable. 9. Having considered the submissions of the parties and also considering the facts of the case, this appeal is allowed. Accordingly, the order dated 27.07.2024 passed by the learned Exclusive Spl. Court (SC/ST, Act) Saran at Chapra, passed in ABP No. 2404 of 2024, in connection with Derni P.S. Case No. 119 of 2024, is hereby set aside. 10. Let the appellants, above named, in the event of their arrest or surrender within four weeks from today, be re- leased on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge (SC/ST, Act) Saran at Chapra in connection with Derni P.S. Case No. 119 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. manish/- (Sandeep Kumar, J) U