IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.737 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- SC/ST District- Rohtas ====================================================== 1. Om Prakah Singh @ Bande Singh S/o- Late Rambali Singh Village- Khurmabad PS- Chenari Dist- Rohtas 2. Bablu Singh @ Jai Prakash Singh S/o- Late Rambali Singh Village- Khurmabad PS- Chenari Dist- Rohtas ... ... Appellant/s Versus 1. The State of Bihar 2. Chandra Shekhar Rawat S/o- Late Ghurabigan Rawat Village- Khurmabad Ps- Chenari Dist- Rohtas ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor For the R.No. 2 : Mr. Chhotelal Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 23-04-2026 Heard learned counsel for the appellants, respondent no. 2 and the State. 2. This appeal has been filed against the order dated 08.01.2025 passed by learned Additional District & Sessions Judge-17 cum Special Judge, SC/ST, Rohtas at Sasaram in connection with SC/ST P.S. Case No. 79 of 2024 registered under Sections 126(2), 115(2), 74, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 3(1)(b)(f)(r)(s)(w), 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.737 of 2025(4) dt.23-04-2026 2/3 3. As per F.I.R., these appellants were open defecating near Kali Temple and when informant opposed, the accused persons abused him by caste name. 4. Learned counsel for the appellants submits that both parties are co-villagers and on account of petty dispute, simple maar-peet took place between the parties. F.I.R. has been lodged after inordinate delay of about seven days which itself raises doubt over veracity of the prosecution case. It is not the case of informant that any member of public was present at the place of occurrence and as such, no case under SC/ST Act is made out against the appellants. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed 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 eight 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 Additional District & Sessions Judge-17 cum Special Judge, SC/ST, Rohtas at Sasaram in connection with SC/ST P.S. Case No. 79 of 2024. Patna High Court CR. APP (SJ) No.737 of 2025(4) dt.23-04-2026 3/3 7. Accordingly, this criminal appeal is allowed and impugned order dated 08.01.2025 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T