IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1025 of 2025 Arising Out of PS. Case No.-593 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== 1. Munarik Yadav @ Mundrika Yadav S/O Late Mahadev Yadav R/O Vill- Shrirampur, P.S- Fatehpur, Distt.- Gaya. 2. Guddu Kumar @ Guddu Yadav S/O Munarik Yadav @ Mundrika Yadav R/O Vill- Shrirampur, P.S- Fatehpur, Distt.- Gaya. 3. Awadhesh Yadav @ Awadhesh Kumar S/O Munarik Yadav @ Mundrika Yadav R/O Vill- Shrirampur, P.S- Fatehpur, Distt.- Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Pramila Devi W/O Suresh Chaudhary R/O Village- Srirampur, P.S- Fatehpur, Distt.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Brijmohan Das, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor For the R.No. 2 : Mr. Ankit Vikas, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 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 07.02.2025 passed by learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 412 of 2024 arising out of Fatehpur P.S. Case No. 593 of 2024 registered under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) 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.1025 of 2025(3) dt.23-04-2026 2/3 3. As per F.I.R., on 16.05.2024 at about 9 AM, informant received information that her son has been assaulted by the named accused persons, including these appellants. When informant rushed to the spot, these appellants abused her by caste name and misbehaved with her. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Though there is allegation of assault but there is no injury report on record to substantiate the allegation. As per F.I.R., occurrence took place on 16.05.2024 but F.I.R. was lodged on 15.09.2024 i.e. after inordinate delay of four months, without any plausible explanation. Allegation of assault is general and omnibus. 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. Appellants claim clean antecedent. 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 nature of accusation, delay in lodging the F.I.R. and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a Patna High Court CR. APP (SJ) No.1025 of 2025(3) dt.23-04-2026 3/3 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 Exclusive Special Judge, SC/ST, Gaya in ABP No. 412 of 2024 arising out of Fatehpur P.S. Case No. 593 of 2024. 7. Accordingly, this criminal appeal is allowed and impugned order dated 07.02.2025 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T