IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4485 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- GORADIH District- Bhagalpur ====================================================== 1. Pankaj Yadav Son of Buteli Yadav Village -koyla , Ps- jagdishpur, Dist- Bhagalpur 2. Puran Yadav @ Puro Yadav son of Buteli Yadav Village -koyla , Ps- jagdishpur, Dist- Bhagalpur 3. Nawal Yadav @ Lalu Yadav Son of Bhukhan Yadav Village -koyla , Ps- jagdishpur, Dist- Bhagalpur 4. Buteli Yadav son of Late Makhru Yadav Village -koyla , Ps- jagdishpur, Dist- Bhagalpur 5. Labbu Yadav @ Raj Kumar Yadav Son of Buteli Yadav Village -koyla , Ps- jagdishpur, Dist- Bhagalpur ... ... Appellant/s Versus 1. The State of Bihar 2. Kavita Devi Daughter of Harihar Paswan Village - Sarath, Po- Puraini Hat, Ps- Goradih, Dist- Bhagalpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate For the State : Mrs. Usha Kumari 1, Spl. P.P. For Respondent No.2 : Mr. Suresh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 07-11-2025 Heard learned counsel for the appellants, learned counsel appearing on behalf of the Respondent No. 2 as well as learned Spl.P.P. for the State. 2. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 10.07.2024 passed by the learned Court of Addl. District and Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Goradih P.S. Case No.25 of 2024, F.I.R. dated Patna High Court CR. APP (SJ) No.4485 of 2024(4) dt.07-11-2025 2/4 20.04.2024 registered under Sections 307, 147, 148, 149, 341, 323, 325, 354B, 447 and 506 of the Indian Penal Code and Sections 3(1) (i) (r) (s) of the Scheduled Castes and Scheduled Tribes Act. 3. The case of the prosecution is that on account of plucking of mango leaves for ritual in marriage ceremony, all the accused persons including the appellants herein started abusing and assaulting the informant and others. 4. Learned counsel for the appellants at the outset submits that it would be apparent from the F.I.R itself that dispute took place between the parties at the spur of the moment and without pre-meditation of mind, hence no offence under Section 307 of the Indian Penal Code would be made out. It is further submitted that there is case and counter case and the counter case filed on behalf of the appellants, which is Annexure-2 to the present application, is earlier in point of time. Further, injury report of the injured Sabita Devi has been found to be grievous in nature but the same is not on vital part of the body. It is further submitted that there is no allegation with regard to any caste based abuses in the entire F.I.R and hence, no offence under the provisions of the aforesaid Act would be made out. Patna High Court CR. APP (SJ) No.4485 of 2024(4) dt.07-11-2025 3/4 5. Learned counsel appearing on behalf of the Respondent No. 2 as well as learned Special Public Prosecutor for the State have vehemently opposed the prayer for bail of the appellants based upon the allegation made in the F.I.R. 6. In view of the fact there is no allegation what-so- ever with regard to any caste based abuses, no offence under the provisions of Scheduled Castes and Scheduled Tribes Act prima facie is made out against the appellants. 7. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that occurrence took place on a very petty dispute leading to case and counter case and injury being sustained on both the sides, let the appellants, above named, in the event of their arrest to surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing each of them bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Addl. District and Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Goradih P.S. Case No.25 of 2024, F.I.R, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further Patna High Court CR. APP (SJ) No.4485 of 2024(4) dt.07-11-2025 4/4 condition that the appellants shall co-operate in the case/trial and in case the appellants tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail. 8. Accordingly, the impugned order is set aside and this appeal stands allowed. Harsh/- (Soni Shrivastava, J) U T