IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4551 of 2024 Arising Out of PS. Case No.-416 Year-2024 Thana- MASAUDHI District- Patna ====================================================== 1. Ajit Kumar @ Amit Kumar @ Ajit Kumar Yadav S/o Raj Balam @ Raj Balam Roy @ Raj Ballabh Roy R/o vill - Karay, P.S. - Lahsuna Masaurhi, Distt. - Patna 2. Barelal Yadav @ Barella Yadav @ Rajeev Kumar S/o Sri Sidheshwar Yadav R/o vill - Karay, P.S. - Lahsuna Masaurhi, Distt. - Patna 3. Bablu Yadav @ Bablu Kumar Yadav S/o Sri Somar Yadav @ Sanjay Yadav R/o vill - Karay, P.S. - Lahsuna Masaurhi, Distt. - Patna 4. Hari Om Kumar S/o Somar Yadav @ Sanjay Yadav R/o vill - Karay, P.S. - Lahsuna Masaurhi, Distt. - Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Surendra Chaudhary S/o Late Basudev Chaudhary R/o vill - Karay, P.S. - Masaurhi, Distt. - Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vijay Anand,Advocate Mr. Ram Ishwar Prasad, Advocate Mr. Dhirendra Singh, Advocate For the State : Mr. Sadanand Paswan, Spl. P.P. For Respondent No.2 : Mr. Shiva Nand Giri, 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 07.09.2024 passed by the learned Court of Exclusive Special Judge, SC/ST Act, Civil Court (Sadar) Patna in connection with Lahsuna Masaurhi P.S. Case No.416 of 2024, registered under Patna High Court CR. APP (SJ) No.4551 of 2024(4) dt.07-11-2025 2/4 Sections 307, 147, 148, 149, 341, 323, 504 and 506 of the Indian Penal Code and Sections 3(1) (r) (s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes Act. 3. The F.I.R encloses a written report lodged by chowkidar and also fardbeyan of Surender Choudhary who is the informant as also an injured in this case. 4. Learned counsel for the appellants submits that prosecution case has been put forth in the form of two version and the one lodged by the chowkidar, indicates that there was a dispute between the children which resulted in hurling abuses and physical altercation causing injuries to both sides. It has also been submitted that written report of the chowkidar also goes to show that no application was filed on behalf of the informant at the relevant time, however, subsequently the fardbeyan of the informant Surender Chaudhary was recorded after two days of occurrence after due thought and deliberation. It has also been submitted that although no counter case was filed on behalf of appellants but they also suffered injuries and the injury report has been annexed as Annexure-2 Series of the present appeal. It has further been submitted that although all sections are bailable except Section 307 which is not made out in the facts of the case and also provisions of SC/ST Act also Patna High Court CR. APP (SJ) No.4551 of 2024(4) dt.07-11-2025 3/4 would not be attracted in view of the fact that initial report which was filed by the chowkidar does not mention any caste based abuses and subsequently added in the later fardbeyan with an oblique motive. 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 that written report of the chowkidar does not mention any allegation of hurling caste based abuses and subsequent fardbeyan indicates general and omnibus allegation against the appellants of having come to the house of the informant and as such no offence under the provisions of Scheduled Castes and Scheduled Tribes Act prima facie appears to be attracted against the appellants. 7. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that F.I.R has been lodged after a delay of two days and the initial written report of the chowkidar indicates free fight between the parties coupled with the fact that no injury report of the informant has been referred to, let the appellants, above named, in the event of their arrest to surrender before the Court below Patna High Court CR. APP (SJ) No.4551 of 2024(4) dt.07-11-2025 4/4 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 Exclusive Special Judge, SC/ST Act, Civil Court (Sadar) Patna in connection with Lahsuna Masaurhi P.S. Case No.416 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 8. Accordingly, the impugned order is set aside and this appeal stands allowed. Harsh/- (Soni Shrivastava, J) U T