IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2717 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- SC/ST District- Aurangabad ====================================================== 1. Jagan Pal @ Jagan Prasad S/O Saryu Bhagat @ Saryu Pal R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 2. Anand Kumar S/O Jagan Pal @ Jagan Prasad R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 3. Ankit Pal @ Ankit Kumar @ Bholi S/O Jagan Pal @ Jagan Prasad R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 4. Naresh Pal @ Ram Naresh Bhagat S/O Late Ram Gahan Bhagt R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 5. Bharat Pal @ Bharat Bhagat S/O Naresh Pal @ Ram Naresh Bhagat R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 6. Ajit Pal @ Ajit Kumar S/O Dipan Pal @ Dipan Bhagat R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 7. Amit Pal @ Amit Kumar S/O Dipan Pal @ Dipan Bhagat R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 8. Arun Pal @ Arun Bhagat S/O Suresh Bhagat R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. 9. Manoj Pal @ Manoj Kumar Bhagat S/O Suresh Bhagat R/O Village- Ganghar, P.S- Mali, Distt.- Aurangabad. ... ... Appellant/s Versus 1. The State Of Bihar Bihar 2. Gudiya Devi W/O Deepak, W/O Deepak Ram R/O Village- Gnaghar, P.S- Mali, Distt.- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ashok Kumar Singh For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 11-11-2025 Heard learned counsel for the appellants, learned Spl. P.P. for the State and learned counsel for the Informant. 2. This appeal is preferred against the order dated 15.05.2024 passed by the learned Addl. Sessions Judge-I- Patna High Court CR. APP (SJ) No.2717 of 2024(3) dt.11-11-2025 2/4 cum-Spl. Judge (SC/ST, Act), Aurangabad passed in ABP No. 657 of 2024, in connection with SC/ST P.S. Case No. 8 of 2024, registered under Sections 147, 149, 341, 323, 354, 504 and 506 of the Indian Penal Code and under Section 3(I)(r)(s(w), 3(2) (va) of the S.C./ S.T. Act, by which the prayer for Anticipatory bail of the Appellants has been rejected. 3. As per the prosecution case, the allegation against the appellants is that they have assaulted the informant and her family members and also threatened them by 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 as the main thrust of allegation is because of a trivial dispute and not because of prosecution side belonging to the SC/ST community, therefore not even a prima facie case is made out and consequently, this application for anticipatory bail is maintainable. He 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. Patna High Court CR. APP (SJ) No.2717 of 2024(3) dt.11-11-2025 3/4 5. Learned counsel for the State and the informant have opposed the prayer of the appellants for grant of bail. 6. I have considered the submissions of the parties and perused the materials on record. 7. From reading of the F.I.R., it appears that to be mala fide prosecution and it does not appear that offence has been committed against the informant on the ground that he is a member of S.C./S.T. community. 8. Considering the aforesaid facts and also 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 application for grant of anticipatory bail is held to be maintainable. 9. Having considered the submissions of the parties and also considering the facts of the case, this appeal is allowed. Accordingly, the order dated 15.05.2024 passed by the learned Addl. Sessions Judge-I-cum-Spl. Judge (SC/ST, Act), Aurangabad passed in ABP No. 657 of 2024, in connection with SC/ST P.S. Case No. 8 of 2024, is hereby set aside. 10. Let the appellants, in the event of their arrest Patna High Court CR. APP (SJ) No.2717 of 2024(3) dt.11-11-2025 4/4 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 Addl. Sessions Judge-I-cum-Spl. Judge (SC/ST, Act), Aurangabad, in connection with SC/ST P.S. Case No. 8 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. manish/- (Sandeep Kumar, J) U