IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3412 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- SC/ST District- East Champaran ====================================================== Byas Paswan, Son of Late Chhathu Paswan, R/V- Village- Salempur, P.S.- Pipra Kothi, Distt.- East Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Rahul Kumar, Son Of Ramprit Ram, R/O- Village- Salempur, P.S.- Pipra Kothi, Distt.- Eat Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Singh, Adv. For the Respondent/s : Mr. Sadanand Paswan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 13-11-2025 Heard the parties. 2. The appellant by invoking the provision under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) is seeking quashing of the order dated 21.06.2024 passed in ABP No. 2551 of 2024 arising out of Motihari SC & ST P.S. Case No. 21 of 2024 registered for the offences punishable under Sections 341, 323, 337, 354, 379, 504 and 34 of the Indian Penal Code and Section 3(i)(r)(s) and 3(2) (va) of the SC/ST (POA) Act whereby the prayer for anticipatory bail of the appellant stood rejected. 3. Allegedly on the fateful day while the accused Patna High Court CR. APP (SJ) No.3412 of 2024(3) dt.13-11-2025 2/3 persons including the appellant were indulged in misbehaving with the people of the bands and trying to molest a girl, in the meanwhile, the informant and others came there and objected the same, whereupon the appellant and others by taking the caste name of the respondent no. 2 abused and assaulted him. It is also alleged that the accused persons misbehaved with the informants mother and snatched the valuables. 4. Learned Advocate for the appellant taking this Court through the FIR contended that besides the omnibus nature of allegation, both the parties belong to same case and, as such, in no circumstances the penal provisions of the SC/ST Act would be applicable. In fact, on account of village politics, the name of the petitioner has been implicated in this case. The alleged occurrence is said to have taken place in broad daylight, but, the informant did not disclose the name of any witness, to the alleged occurrence which also smacks mala fide on the part of the informant. 5. On the other hand, learned Spl. PP for the State as well as learned Advocate for respondent no.2 vehemently opposed the prayer of the appellant and submitted that the appellant bears two criminal antecedent and there is a allegation against him to cause assault and abusing the informant. 6. Having considered the submissions advanced by Patna High Court CR. APP (SJ) No.3412 of 2024(3) dt.13-11-2025 3/3 the respective parties and taking note of the omnibus nature of allegation coupled with the fact that both the parties belong to same caste, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, East Champaran at Motihari in connection with Motihari SC & ST P.S. Case No. 21 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the appellant. 7. In view thereof, the impugned order dated 21.06.2024 passed in A.B.P. 2551 of 2024 is hereby set aside and the present appeal is allowed. supratim/- (Harish Kumar, J) U T