IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3579 of 2024 Arising Out of PS. Case No.-785 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== 1. Srikant Kumar S/o Taran Yadav R/o village Balathakur, P.S. Naubatpur, District Patna 2. Sheo Kumar @ Sheo Sagar Kumar S/o Ramkewal Yadav @ Kewal Yadav R/o village Balathakur, P.S. Naubatpur, District Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Vishal Kumar S/o Sanjay Paswan R/o vill - Gadaipur, P.S. - Naubatpur, Distt. - Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rudra Deo For the Respondent/s : Mr. Binay Krishna For the Res No. 2 : Mr. Shambhu Saran, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 07-11-2025 Heard learned counsel for the appellants, the learned Spl. P.P. for the State and the learned counsel for the informant. 2. This appeal is preferred against the order dated 29.05.2024 passed by the learned Exclusive Special Judge, SC/ST (POA)Act, Patna passed in ABP No. 1908 of 2024 arising out of Naubatpur P.S. Case No. 785 of 2023 registered for the offence under Sections 147, 149, 323, 379, 504 and 506 of the Indian Penal Code and under Sections 3(i)(r)(s), 3(2)(va) of the SC/ST Act. 3. As per the prosecution case, the appellants are accused of assaulting the informant and abusing him by taking Patna High Court CR. APP (SJ) No.3579 of 2024(4) dt.07-11-2025 2/3 his 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 in this case and therefore the application of the anticipatory bail is maintainable. He further submits for a trivial dispute, friends have fought. 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 and the learned counsel for the informant have 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 Patna High Court CR. APP (SJ) No.3579 of 2024(4) dt.07-11-2025 3/3 application for grant of anticipatory bail is held to be maintainable. 8. Considering the rival submissions of the parties and the facts of the case, this appeal stands allowed. Accordingly, the order dated 29.05.2024 passed by the learned Exclusive Special Judge, SC/ST (PoA)Act, Patna passed in ABP No. 1908 of 2024 arising out of Naubatpur P.S. Case No. 785 of 2023 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 (POA)Act, Patna/concerned Court below in connection with Naubatpur P.S. Case No. 785 of 2023, 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