IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3640 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== 1. Sachin Patel @ Sachin Kumar S/O Rajeev Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 2. Mohit Patel @ Mohit Kumar S/O Shyam Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 3. Monu Patel @ Monu Kumar S/O Balkunwar Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 4. Rohit Patel @ Rohit Kumar S/O Prakash Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 5. Prince Patel @ Prince Kumar S/O Rajeev Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 6. Rounak Patel @ Raunak Kumar S/O Ram Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 7. Rajeev Patel @ Rajeev Kumar Patel S/O Ramashray Singh R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 8. Prakash Patel S/O Vishwanath Singh R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. 9. Aditya Patel @ Aditya Kumar S/O Premnath Patel R/O Patel Tola Ward No. 15, Bargania, P.S- Bairgania, Distt.- Sitamarhi. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Saraswati Devi R/O Village- Bairagania, Gandhinagar, Ward No. 12, P.S- Bairagania, Distt.- Sitamarhi. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Amit Kumar Jha For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 07-11-2025 Heard learned counsel for the appellants and the learned Spl. P.P. for the State. 2. This appeal is preferred against the order dated Patna High Court CR. APP (SJ) No.3640 of 2024(3) dt.07-11-2025 2/4 02.05.2024 passed by the learned 1st Additional Sessions Judge- cum-Special Judge, SC/ST (PoA)Act, Sitamarhi passed in ABP No. 19 of 2024 arising out of Bairgania P.S. Case No. 97 of 2024 registered for the offence under Sections 147, 341, 323, 324, 337, 338, 307, 379, 504/506 of the Indian Penal Code and under Sections 3(i)(r) of the SC/ST Act. 3. As per the prosecution case, the appellants are accused of assaulting the informant and abusing him by taking his caste name. 4. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore the application of the anticipatory bail is maintainable. He further submits for a trivial dispute, the occurrence took place. He further 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 has vehemently opposed the prayer of the appellants. 6. From the reading of the entire FIR it does not Patna High Court CR. APP (SJ) No.3640 of 2024(3) dt.07-11-2025 3/4 appear that offence has been committed against the informant on the ground that he is a member of SC/ST community and the same appears to be a mala fide prosecution. 7. In these circumstances, considering the law 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 application for grant of anticipatory bail is held to be maintainable. 8. Considering the rival submissions of the parties and the facts of the case, this appeal stands allowed. Accordingly, the order dated 02.05.2024 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (PoA) Act, Sitamarhi passed in ABP No. 19 of 2024 arising out of Bairgania P.S. Case No. 97 of 2024 is hereby set aside. 9. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released 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 1st Additional Sessions Judge-cum-Special Judge, SC/ST (PoA)Act, Sitamarhi/concerned Court below in connection with Bairgania P.S. Case No. 97 of 2024, subject to Patna High Court CR. APP (SJ) No.3640 of 2024(3) dt.07-11-2025 4/4 the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T