IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.389 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== 1. Shambhu Yadav S/O Late Indradev Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. 2. Nagendra Yadav S/O Late Indradev Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. 3. Jitendra Kumar @ Jitendra Yadav S/O Late Indradev Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. 4. Dipu Kumar S/O Shambhu Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. 5. Sumitra Devi W/O Shambhu Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. 6. Rita Devi W/O Jitendra Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. 7. Manoji Yadav @ Manoji Devi W/O Nagendra Yadav R/O Village and Post- Unthu, P.S.- Fesar, District- Aurangabad. ... ... Appellant/s Versus 1. The State of Bihar 2. Niraj Kumar S/O Arun Paswan R/O Village- Unthu, P.S- Fesar, Distt.- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anil Kumar Sinha, Adv For the Respondent/s : Mr.Sadanand Paswan, APP For the Informant : Mr. Sunil Kumar Singh No.10, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 5 12-11-2025 Heard learned counsel for the appellant/s and learned Spl. P.P for the State is present. 2. The present Appeal has been filed for grant of Patna High Court CR. APP (SJ) No.389 of 2025(5) dt.12-11-2025 2/4 anticipatory bail against the order dated 06.01.2025 passed by the learned District and Additional Sessions Judge-1st-cum- Special Judge (SC & ST) -1, Aurangabad in ABP No. 20 of 2025 which was rejected in connection with Fesar P.S. Case No. 137 of 2024 registered for the offence under sections 191(2), 190, 126(2), 115(2), 117(2), 109, 352, 351(2) of the BNS and Section 3 (1)(r)(s)(w) 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. As per the FIR, allegation against the appellant is that he along with the other accused persons has assaulted informant and his uncle by lathi and khanti due to which is sustained cut injury in his head his left has got factured and abused them by their caste name in public place. 4. Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in this case. He further submits that appellants have been implicated in this case due to ulterior motives and with a view to extort money. On perusal of FIR, it appears that there is no allegation of overt act against the appellants. The real fact is that the appellant and informant are co-villagers and land dispute is going on between the parties and the land in question belongs to appellant no. 1. He further submits that appellant no. 5 and Patna High Court CR. APP (SJ) No.389 of 2025(5) dt.12-11-2025 3/4 appellant no. 6 is lady. He further submits that all the appellant have clean antecedent. 5. Learned Spl.P.P. opposes the prayer for anticipatory bail. 6. On perusal of FIR and impugned order dated 06.01.2025, it appears that the injury sustained by injured is serious in nature and all the appellant have abused the appellant in public view, so this Court is not inclined to grant bail to the above named appellants. 7. Accordingly, the anticipatory bail application of the Appellant Nos. 1, 2, 3, 4 and 7. However, if the appellants concerned surrenders before Trial Court within four weeks then the Trial Court shall consider the bail application of the appellants on his own merits without being prejudice of the present order. 8. So far as Appellant Nos. 5 and 6 is concerned, they both are lady, So let the Appellant No. 5 and 6 be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1st-cum-Special Judge (SC & ST), Aurangabad in connection with Fesar P.S. Case No. 137 of 2024 subject to the condition laid down under Patna High Court CR. APP (SJ) No.389 of 2025(5) dt.12-11-2025 4/4 Section 482(2) of the BNS. 9. Accordingly, the anticipatory bail applications of the appellants are disposed off. Sunnykr/- (Ramesh Chand Malviya, J) U