IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.662 of 2024 Arising Out of PS. Case No.-71 Year-2014 Thana- SC/ST District- Gaya ====================================================== 1. Sona Devi W/O Rajnandan Saw R/O Village- Manijhiyawan Bijahra, P.S- Konch, Distt.- Gaya (BIHAR). 2. Kapil Saw S/O Laxman Saw R/O Village- Manijhiyawan Bijahra, P.S- Konch, Distt.- Gaya (BIHAR). 3. Sitaviya Devi @ Sita Devi W/O Kapil Saw R/O Village- Manijhiyawan Bijahra, P.S- Konch, Distt.- Gaya (BIHAR). ... ... Appellant/s Versus 1. The State of Bihar 2. Narendra Das S/O Deo Raj Das R/O Village- Manijhiyawan Bijahra, P.S- Konch, Distt.- Gaya (Bihar). ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. Mr. Kedar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 30-01-2025 Heard learned counsel for the appellants, learned Spl. Public Prosecutor appearing on behalf of the State and learned counsel for the Respondent No. 2. 2. This appeal has been filed against the order dated 15.09.2023 passed by learned Exclusive Special Judge, SC/ST (POA) Act, Gaya in connection with SC/ST P.S. Case No. 71 of 2014 and Trial No. 338 of 2017, registered under Sections 147, 148, 323, 379, 427, 452, 506 of the Indian Penal Code and Sections 3(1)(v)(vii)(x)(xi)(xv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the Patna High Court CR. APP (SJ) No.662 of 2024(5) dt.30-01-2025 2/3 prayer for anticipatory bail of appellants has been rejected. 3. It is alleged that all the FIR named accused persons including these appellants assaulted informant and his son and abused them by caste name. 4. Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in the present case due to previous enmity and dirty village politics. It is further submitted that though there is allegation of assault against the appellants but there is no injury report available on record to corroborate the same. It is not the case of informant that any member of public was present at the place of occurrence, as such, no offence under SC/ST Act is made out. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State and learned counsel for the respondent no. 2 oppose the bail application. 6. Considering the aforesaid facts, let the appellants, as named above, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST (POA) Act, Gaya, in Patna High Court CR. APP (SJ) No.662 of 2024(5) dt.30-01-2025 3/3 connection with SC/ST P.S. Case No. 71 of 2014 and Trial No. 338 of 2017. 7. Accordingly, the impugned order dated 15.09.2023 is set aside and this criminal appeal is allowed. utkarsh/- (Prabhat Kumar Singh, J) U T