IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.352 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- SC/ST District- Madhubani ====================================================== 1 . Malti Devi W/O SHIBU SAH R/O VILLAGE- ANDAH, WARD NO. 13, PS. PANDAUL, DIST. MADHUBANI. 2. PINTU SAH S/O SHIBU SAH R/O VILLAGE- ANDAH, WARD NO. 13, PS. PANDAUL, DIST. MADHUBANI. 3 . PARSADI SAH S/O LATE KALLAR SAH R/O VILLAGE- ANDAH, WARD NO. 13, PS. PANDAUL, DIST. MADHUBANI. 4. BINA DEVI W/O PARSADI SAH R/O VILLAGE- ANDAH, WARD NO. 13, PS. PANDAUL, DIST. MADHUBANI. 5 . SHIBU SAH S/O PARSADI SAH R/O VILLAGE- ANDAH, WARD NO. 13, PS. PANDAUL, DIST. MADHUBANI. ... ... Appellant/s Versus 1 . The State of Bihar 2. LALU CHAUPAL @ LAKSHMI CHAUPAL S/O SHRI SHIV SHANKAR CHAUPAL R/O VILLAGE- ANDAH, WARD NO. 13, PS. PANDAUL, DIST. MADHUBANI. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar , Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For informant : Mr. Kaushalesh Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 31-07-2025 Heard learned counsel for the parties. 2. This appeal has been filed for setting aside order dated passed in a case registered for the offence punishable under sections 341, 323, 354B, 427, 379, 504, 506 and 34 and other allied sections of the Indian Penal Code and sections 3(i)(r) (s)(w)/3(ii)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for Patna High Court CR. APP (SJ) No.352 of 2024(3) dt.31-07-2025 2/3 anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , informant namely Lalu Chaupal alleged that on 12.10.2023 at about 11 PM , all the accused persons including this appellant were cutting bamboo trees of informant and on protest, accused persons abused him by caste name and assaulted informant and his wife with deadly weapons. 4. It is submitted that both the parties are co-villagers and due to land dispute , a free fight took place in which both sides sustained injuries. Case and counter case . Allegation of assault is general and omnibus against these appellants and no specific overt act has been alleged against him. It is not the case of informant that any member of public was present at the time of incident and as such, no case under SC/ST Act is made out. Appellants claim clean antecedent. 5 . Learned counsel for the respondent No. 2 as well as learned special Public Prosecutor for the State opposed the bail appeal. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside . Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this Patna High Court CR. APP (SJ) No.352 of 2024(3) dt.31-07-2025 3/3 order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional sessions Judge 1st cum- special Judge Madhubani in connection with Sadar SC / ST Police Station Case No. 78 of 2023 . Koushik/- (Prabhat Kumar Singh, J) U T