IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.836 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- SC/ST District- East Champaran ====================================================== 1 . SONI KHATOON W/O Khurshid Alam @ Md. Khurshid @ Khurshid Mia R/O Mohalla- Nakchhed Tola, Near Mosque, P.S- Town, District- East Champaran 2. Khurshid Alam @ Md. Khurshid @ Khurshid Mia S/O Late Ismail Mia R/O Mohalla- Nakchhed Tola, Near Mosque, P.S- Town, District- East Champaran ... ... Appellant/s Versus 1 . THE STATE OF BIHAR 2. Sunita Devi W/O Rajendra Ram R/O Mohalla- Hanuman Garhi (Khusbu Nagar) Ward No- 16, P.S- Town, District- East Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Asif Kalim , Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP For informant : Mr. Anil Kumar , Advocate Ms. Pooja Kumari , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 17-04-2025 Heard learned counsel for the parties. 2. This appeal has been filed for setting aside order dated 14.12.2022, passed in a case registered for the offence punishable under sections 147, 341, 323 , 379, 354 ( B ), 504, 506 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s) (W) ( i ), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , informant Sunita devi alleged that on 30.09.2022 at about 5:00 PM , while son of Patna High Court CR. APP (SJ) No.836 of 2023(3) dt.17-04-2025 2/3 informant went to market to buy vegetables, in the meantime , all the F.I.R., named accused persons including these petitioners assaulted him with knife , sticks, kukri, daab and belt due to which he sustained injuries. It is further alleged that accused persons also abused him and threatened his entire family with dire consequences. Appellant No. 2 is alleged to have snatched gold chain and outraged the modesty of informant. 4. It is submitted that due to land dispute between the parties, this false and concocted case has been lodged against these appellants. Allegation of assault and abuse by caste name is general and omnibus. Rest of the allegations are ornamental in nature . It is not the case of the informant that any member of public was present at the time of incident, as such no case under SC/ST Act is made out. Appellants claim clean antecedent. Similarly situated co-accused persons have already granted bail by this Court vide order dated 13.09.2023 in Cr. ASPP ( SJ) 853 of 2023 . 5 . Learned counsel for the respondent No. 2 and 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 Patna High Court CR. APP (SJ) No.836 of 2023(3) dt.17-04-2025 3/3 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) each with two sureties of the like amount each to the satisfaction of the learned Special Judge , SC/St, Act, East Champaran at Motihari in connection with SC / ST Police Station Case No. 39 of 2022 . Koushik/- (Prabhat Kumar Singh, J) U T