IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.771 of 2025 Arising Out of PS. Case No.-27 Year-2024 Thana- LUTUA District- Gaya ====================================================== 1. Sonu Ansari S/O Kamruddin Mian Resident of Village- Lutua Tole Narayandiih, Police Station- Lutua, District- Gaya. 2. Afshana Praveen @ Afshana Khatoon @ Avshana Praveen D/O Kamruddin Mian Resident of Village- Lutua Tole Narayandiih, Police Station- Lutua, District- Gaya. 3. Julekha Khatoon @ Julekha Bibi W/O Kamruddin Mian Resident of Village- Lutua Tole Narayandiih, Police Station- Lutua, District- Gaya. 4. Rukshana Parween @ Roshan Praveen D/O Kamruddin Mian Resident of Village- Lutua Tole Narayandiih, Police Station- Lutua, District- Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Baby Devi W/O Dharmendra Bhuiya R/O Village- Lutua Tole Narayandih, P.S- Lutua, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dharmesh Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For the informant : Mr. Shailesh Kumar Singh, Advocate Mr. Rajnish Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 20-11-2025 Heard learned counsel for the appellants, learned Spl. P.P. for the State and the learned counsel for the informant. 2. This appeal is preferred against the order dated 23.01.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with A.B.P. No. 376 of 2024 arising out of Lutua P.S. Case No. 27 of 2024 registered under Sections 126(2), 115, 74, 352, 3(5) of the B.N.S. and under Sections 3(1)(r), 3(1)(s) and 3(1) (w)(i) of the SC/ST Act by Patna High Court CR. APP (SJ) No.771 of 2025(4) dt.20-11-2025 2/3 which the prayer of the appellants for grant of anticipatory bail has been rejected. 3. As per the prosecution case, the appellants and others are alleged to have assaulted the informant and have abused him by taking 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 against the appellants as the occurrence has taken place because of earlier land dispute between the parties and therefore this application for the anticipatory bail is maintainable. 5. Learned counsel for the State and learned counsel for the informant have opposed the prayer of the appellants. 6. From the reading of the entire FIR, it does not appears that the offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that the occurrence has taken place due to a land dispute between the parties. 7. In these circumstances, this application for grant of anticipatory bail is held to be maintainable. 8. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and Patna High Court CR. APP (SJ) No.771 of 2025(4) dt.20-11-2025 3/3 accordingly, order dated 23.01.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with A.B.P. No. 376 of 2024 arising out of Lutua P.S. Case No. 27 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 Exclusive Special Judge, SC/ST Act, Gaya/concerned Court below in connection with Lutua P.S. Case No. 27 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U T