IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4717 of 2025 Arising Out of PS. Case No.-49 Year-2019 Thana- GURUA District- Gaya ====================================================== 1. Sohail Khan @ Suhail Khan Son of Badruddin Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. 2. Shamim Khan @ Md. Shamim Khan Son of Nezum Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. 3. Inam Khan @ Md. Inam Khan Son of Md. Nezam Khan @ Md. Nezamuddin Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. 4. Yasir Khan Son of Badruddin Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. 5. Badarul Hoda Khan Son of Late Gulam Mustafa Khan @ Late Mustafa Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. 6. Masood Ahmad Khan Son of Late Shamim Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. 7. Matiulla Khan Son of Murtaja Khan Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Pushpa Kumari D/o Pachu Prajapati @ Pachu Prajapat Resident Of Village - Pirwan, P.S. - Gurua, Dist. - Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rampravesh Nath Tiwari For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 13-03-2026 Heard the parties. 2. This appeal is preferred against the order dated 18.09.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Gurua P.S. Case No. 49 of 2019 registered for the offence under Sections 147, 148, 149, 341, 323, 325, 295(a), 354(a), 153(a)(2), 504, 448, 379 of I.P.C. Patna High Court CR. APP (SJ) No.4717 of 2025(4) dt.13-03-2026 2/3 and under section 3(1)(r)(s) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected. 3. As per the prosecution case, Sarfaraj Khan and Naushad Khan are said to have slated the informant in the course of proceeding to temple for worship and on protest made by her, they assaulted her and snatched her golden chain. On hulla made by her, other devotees rushed there in her rescue, in the meantime, 29 named accused persons including the appellants started assaulting them. When they fled away, they intruded into her house slating them and assaulted their family members. Informant sustained injury on her head in the occurrence. 4. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case. It is next submitted that the case was investigated and thereafter the police found allegations false and submitted final form exonerating the appellants and thereafter the learned Special Judge has taken cognizance against them. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. Considering the facts of the case and the rival Patna High Court CR. APP (SJ) No.4717 of 2025(4) dt.13-03-2026 3/3 submissions of the parties, this appeal is allowed and accordingly, the order dated 18.09.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Gurua P.S. Case No. 49 of 2019, is hereby set aside. 7. Let the appellants, in the event of their arrest 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 Exclusive Special Judge, SC/ST Act, Gayaji /concerned Court below in connection withGurua P.S. Case No. 49 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. tusharika/- (Sandeep Kumar, J) U T