IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.875 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- SC/ST District- Patna ====================================================== Nishat Anwar @ Nishat Anwar Khan S/o Anwar Ahmad Resident of T6, tazin Apartment, chitkohra bazar, anisabad,ps gardanibagh, District- Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Madan Kumar S/o Late Ruplal Ravidas R/o Vishnupuri, P.O. Anishabad, P.S. Gardanibagh, Patna Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Majid Mahboob Khan, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor For the R.No. 2 : Mr. Pankaj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 18-11-2025 Heard learned counsel for the appellant, respondent no. 2 and the State. 2. This appeal has been filed against the order dated 23.01.2024 passed by learned Exclusive Special Judge, SC/ST, Patna in ABP No. 11014 of 2023 in connection with SC/ST P.S. Case No. 02 of 2023, registered under Sections 341, 323, 504, 506, 509, 147, 149, 447, 448, 387 of the Indian Penal Code and Section 3(I)(r)(s)(w)(2)(z)/3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected 3. It is alleged that on account of land dispute, this appellant along with other F.I.R. named accused persons abused Patna High Court CR. APP (SJ) No.875 of 2024(5) dt.18-11-2025 2/3 informant by caste name and threatened him to vacate the house. It is further alleged that the accused persons also extended threat to life. 4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. He next submits that both parties are co-villagers and next-door neighbours and due to land dispute, this false and concocted case has been lodged. There is no allegation of assault against appellant. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against appellant. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 07.08.2025 passed in Cr. Appeal (SJ) No. 1040 of 2024. Appellant claims clean antecedent. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application. 6. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of Patna High Court CR. APP (SJ) No.875 of 2024(5) dt.18-11-2025 3/3 the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Patna in connection with SC/ST P.S. Case No. 02 of 2023. 7. Accordingly, this criminal appeal is allowed and impugned order dated 23.01.2024 is set aside with respect to this appellant only. Navya/- (Prabhat Kumar Singh, J) U T