IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.610 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1. Prashuram Sah son of Bhola Sah Villags- Rampur, Sakraul, ward no 12 P.S - Shikarpur, District- west champaran. 2. Ratnesh Sah son of Ghanshyam Sah Villags- Rampur, Sakraul, ward no 12 P.S - Shikarpur, District- west champaran. ... ... Appellant/s Versus 1. The State of Bihar 2. Moter Sah son of Late Shankar Gond Villags- Rampur, Sakraul, ward no 12 P.S - Shikarpur, District- west champaran. ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Ramendra Bharti, Advocate For the State : Mr. Sadanand Paswan, Spl.PP For Respondent No. 2 : Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 07-08-2025 Heard learned counsel appearing for the appellants, learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/Respondent No. 2. 2. This appeal has been filed for setting aside order dated 27.09.2023 passed in a case registered for the offence punishable under Sections 147, 148, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code and Sections 3(i)(r) (s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 3. As per prosecution case, on the alleged date and Patna High Court CR. APP (SJ) No.610 of 2024(4) dt.07-08-2025 2/4 time of occurrence, all the F.I.R. named accused persons, including these two appellants, armed with weapons, assaulted informant and his family members and also abused them by caste name. It is alleged that Appellant No. 1 assaulted on the hand of nephew of informant with iron rod and Appellant Nos. 1 and 2 assaulted son of informant with lathi. 4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. As a matter of fact, the present case is only counter-blast of Shikarpur P.S. Case No. 507 of 2023 which was lodged by co-accused Ghanshyam Sah against informant and others and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. As per prosecution case, the alleged occurrence took place on 07.06.2023 but the present F.I.R. has been lodged after inordinate delay of 15 days on 22.06.2023 and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Doctor has found the injuries, allegedly caused by Appellant No. 2, simple in nature. It is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Patna High Court CR. APP (SJ) No.610 of 2024(4) dt.07-08-2025 3/4 Atrocities) Act is made out against these appellants. Appellants claim clean antecedents. 5. On the other hand, learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/Respondent No. 2 have vehemently opposed this appeal and submitted that appellants are named in the F.I.R. with specific accusation that they abused informant and his family members by caste slurs and also assaulted them. It is incorrect to submit that the F.I.R. has been lodged after inordinate delay of 15 days. As a matter of fact, date of occurrence is 07.06.2023 and the fard beyan was given on 10.06.2023. Doctor has found the injuries allegedly caused by Appellant No. 1 grievous in nature. 6. Considering the facts and circumstances of the case, specific and direct nature of accusation and nature of injuries sustained by the injured, prayer for grant of anticipatory bail to Appellant No. 1 is dismissed. 7. So far as Appellant No. 2 is concerned, considering the facts and circumstances of the case, nature of injuries allegedly caused by this appellant and clean antecedents of the appellant, this appeal with respect to Appellant No. 2 is allowed and the impugned order dated 27.09.2023 passed by the learned Patna High Court CR. APP (SJ) No.610 of 2024(4) dt.07-08-2025 4/4 Additional District and Sessions Judge 1st-cum-Special Judge (SC/ST Act), Bettiah, West Champaran in connection with A.B.P. No. 2692 of 2023 arising out of Shikarpur P.S. Case No. 517 of 2023 is hereby set aside with respect to Appellant No. 2 only. 8. Accordingly, let the Appellant No. 2, 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 order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 1st-cum-Special Judge (SC/ST Act), Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 517 of 2023. 9. With the aforesaid directions, this appeal stands disposed of. shashank/- (Prabhat Kumar Singh, J) U T