IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2509 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Aurangabad ====================================================== Gupta Prasad Singh S/o Late Kailash Singh R/o Village-Sidhi Bujurg, P.S.- Rafiganj,District- Aurangabad ... ... Appellant/s Versus 1. The State of Bihar 2. Ajit Paswan S/o Late Ram Khelawan Paswan R/o Village-Sidhi Bujurg, P.S.- Rafiganj,District- Aurangabad ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Santosh Kumar Pandey For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 04-11-2025 Heard learned counsel for the appellant and learned Spl. P.P. for the State. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 30.04.2024 in A.B.P. No. 754 of 2024 arising out of SC/ST P.S. Case No. 09 of 2024 dated 06.04.2024 passed by the learned 1st Additional Sessions Judge S.C./S.T. (POA) Act, 1989 in connection with A.B.P. No. 754 of 2024 arising out of SC/ST P.S. Case No. 09 of 2024 dated 06.04.2024 registered for the offences punishable under Sections 323, 354, 379, 504, Patna High Court CR. APP (SJ) No.2509 of 2024(4) dt.04-11-2025 2/4 506 of the Indian Penal Code as well as Sections 3(i)(r)(S)(w) and 3(i)(v)(a) of the SC/ST (POA) Act. 3. The case of the prosecution in short is that the appellant entered the house of the respondent, where the wife of the respondent was sleeping in the courtyard. It is alleged that he abused the wife of the respondent with caste names and started assaulting her. On alarms being raised, the villagers arrived there, and the appellant fled away, threatening the wife of the respondent with dire consequences. 4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the instant case. He also submits that from perusal of the FIR, it is clear that the occurrence of 26.03.2024, whereas the FIR was lodged on 06.04.2024, showing a delay of 10 days. It has also been submitted that this delay has not been explained. He further submits that on same day, during the festival of Holi, when the appellant had gone to play Holi, he found the family members of the respondent selling liquor. It is further alleged that a scuffle took place at that time, and this appellant also received injuries. He also submits that the present case is a counter blast to the occurrence that had taken place on 26.03.2024, which was registered as Rafiganj P.S. Case No. 118 of 2024. It has also Patna High Court CR. APP (SJ) No.2509 of 2024(4) dt.04-11-2025 3/4 been submitted that the occurrence took place at the house of the respondent; as such, Section 3(x) of the SC/ST Act is not attracted. 5. Learned Spl. P.P. for the State conceded to the argument of the learned counsel for the appellant that there are two versions of the same day of the occurrence and the reason of delay is not explained. 6. In view of the submissions made by the learned counsel for the appellant, the order dated 30.04.2024 in A.B.P. No. 754 of 2024 arising out of SC/ST P.S. Case No. 09 of 2024 passed by the learned Special Judge(SC/ST)-cum-1st Additional District & Sessions Judge, Aurangabad in connection with A.B.P. No. 754 of 2024 arising out of SC/ST P.S. Case No. 09 of 2024 is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 court below where the case is pending/successor court in connection with A.B.P. No. 754 of 2024 arising out of SC/ST P.S. Case No. 09 of 2024 subject to the conditions as laid down under Section 482 (2) of Patna High Court CR. APP (SJ) No.2509 of 2024(4) dt.04-11-2025 4/4 the BNSS. 7. Accordingly the appeal stands allowed. Sudhanshu/- (Ashok Kumar Pandey, J) U T