IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3665 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Sukho Kumar @ Shivam Kumar S/O Naveen Thakur R/O Resident of Village- Gaura-01 Bishanupur tola, ward no. 13, P.S- Teghra, District- Begusarai. ... ... Appellant/s Versus 1. State of Bihar Bihar 2. Mintu Kumar S/O Prem Paswan R/O Village- Gaura-01, Amni Tola, Ward No. -7, P.S- Teghra, Distt.- Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rahul Singh, Advocate Ms. Mona Verma, Advocate Mr. Chitranjan Kumar, Advocate For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 07-11-2025 Heard learned counsel for the appellant and the learned Spl. P.P. for the State. 2. This appeal is preferred against the order dated 09.07.2024 passed by the learned Exclusive Special Judge, SC/ST (POA)Act, Begusarai passed in ABP No. 1224 of 2024 arising out of Teghra P.S. Case No. 19 of 2024 registered for the offence under Sections 341, 323, 307, 325, 379/34 of the Indian Penal Code and under Sections 3(i)(r), 3(i)(s) of the SC/ST Act. 3. As per the prosecution case, the appellant and others are accused of abusing the informant by taking his caste name, snatching a golden chain worth Rs. 50,000/ and Patna High Court CR. APP (SJ) No.3665 of 2024(3) dt.07-11-2025 2/3 assaulting the informant. 4. Learned counsel for the appellant submits that the appellant has 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 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 Patna High Court CR. APP (SJ) No.3665 of 2024(3) dt.07-11-2025 3/3 maintainable. 8. Considering the rival submissions of the parties and the facts of the case, this appeal stands allowed. Accordingly, the order dated 09.07.2024 passed by the learned Exclusive Special Judge, SC/ST (POA)Act, Begusarai passed in ABP No. 1224 of 2024 arising out of Teghra P.S. Case No. 19 of 2024 is hereby set aside. 9. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST (POA)Act, Begusarai/concerned Court below in connection with Teghra P.S. Case No. 19 of 2024, subject to 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