IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5351 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- Rasalpur District- Bhagalpur ====================================================== 1. Md. Jiyarat @ Md. Jiyarak S/O Md. Iliyas R/Vii - Dhanura, P.S- Rasalpur, Dist- Bhagalpur. 2. Md. Saddam S/O Md. Iliyas R/Vii - Dhanura, P.S- Rasalpur, Dist- Bhagalpur. 3. Md. Firdos S/o Md. Yasin R/Vii - Dhanura, P.S- Rasalpur, Dist- Bhagalpur. ... ... Appellants Versus 1. The State of Bihar 2. Sarita Devi W/O Subash Paswan R/Vii - Dhanura, P.S- Rasalpur, Dist- Bhagalpur. ... ... Respondents ====================================================== Appearance : For the Appellant/s : Mr.Rajive Ranjan Singh, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl.PP For the Resp. No2. : Ms.Moni Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 14-11-2025 Heard learned counsel appearing on behalf of the appellants, learned Spl. PP appearing for the State and learned counsel for the informant. 2. The appellants have preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”) against the refusal of their prayer for anticipatory bail vide order dated 30.09.2024 passed by the learned Additional District & Sessions Judge-3rd–cum-Special Judge (SC/ST Act), Bhagalpur in A.B.P. No. 2179/2024 in Patna High Court CR. APP (SJ) No.5351 of 2024(3) dt.14-11-2025 2/4 connection with Rasalpur P.S. Case No. 79 of 2024 registered for the offences punishable under Sections 127(1), 115(2), 74, 324(4) of the Bhartiya Nyay Sanhita, 2023 (in short the “B.N.S.”) and section 3(1)(r)(s) of the SC/ST (POA) Act. 3. As per FIR, certain scuffling took place between son and daughter of the informant with the appellants while returning after attending their coaching centre. 4. It is submitted by learned counsel appearing on behalf of the appellants that due to certain altercation which took place between daughter and son of the informant with the appellants, the present false implication was raised. It is also submitted that informant is habitual to lodge this type of complaint and prior to this informant also implicated others in false SC/ST case. It is submitted that nature of occurrence is nowhere suggests that same took place out of atrocities as defined within the meaning of SC/ST (POA) Act, 1989. It is further submitted that allegation of taking caste name is also appearing very much general and omnibus. Appellants claimed to be the men of clean antecedent. 5. Mr. Sadanand Paswan, learned Spl.P.P. for the Patna High Court CR. APP (SJ) No.5351 of 2024(3) dt.14-11-2025 3/4 State duly assisted by Ms. Moni Kumari, learned counsel for the informant, while opposing the prayer of anticipatory bail as raised through present appeal, submitted that appellant actively participated in the present occurrence. 6. In view of aforesaid factual submission and by taking note of the fact as prima facie occurrence took place out of scuffling between son and daughter of informant with the appellants while returning from their coaching centre, coupled with the fact that abuse in caste name is also appearing very much general and omnibus, accordingly, above-named appellants, who are men of clean antecedent, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge- 3rd–cum- Special Judge (SC/ST Act), Bhagalpur/concerned court in connection with Rasalpur P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Patna High Court CR. APP (SJ) No.5351 of 2024(3) dt.14-11-2025 4/4 Sanhita (in short “B.N.S.S.”). 7. Accordingly, impugned order dated 30.09.2024 as passed through A.B.P. No. 2179 of 2024 arising out of Rasalpur P.S. Case No. 79 of 2024, is hereby set-aside. 8. Hence, this appeal stands allowed. Rajeev/- (Chandra Shekhar Jha, J) U T