IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1040 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- SC/ST District- Patna ====================================================== 1. Dharmendra Kumar @ Dharmendra Yadav S/O Sri Bishwnath Rai R/O Saristabad Pachiyari Tola, P.S- Gardanibagh, Distt.- Patna. 2. Manjay Kumar @ Manjay Thakur S/O Sri Ram Ishwar Thakur R/O Saristabad Pachiyari Tola, P.S- Gardanibagh, Distt.- Patna. ... ... Appellant/s Versus 1. The State of Bihar 2. Madan Kumar S/O Late Ruplal Ravidas R/O Vishnupuri, P.O- Anisabad, P.S- Gardanibagh, Distt.- Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ramjiban Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor For the Res No. 2 : Mr. Pankaj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 07-08-2025 Heard learned counsel for the parties. 2. This appeal has been filed against the order dated 27.01.2024 passed by learned Exclusive Special Judge, SC/ST, Patna in ABP No. 450 of 2024 in connection with Sachivalay SC/ST P.S. Case No. 02 of 2023, registered under Sections 341, 323, 504, 506, 509, 147, 149, 447, 448, 387 of the Indian Penal Code and Section 3(I)(r)(s)(w)(2)(z)/3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. It is alleged that on account of land dispute, these Patna High Court CR. APP (SJ) No.1040 of 2024(4) dt.07-08-2025 2/3 appellants along with other F.I.R. named accused person abused informant by caste name and threatened informant to vacate the house. It is further alleged that the accused persons also extended threat to life. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. He next submits that both parties are co-villagers and next-door neighbours and due to land dispute, this false and concocted case has been lodged. There is no allegation of assault against appellants. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against 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 nature of dispute and accusation, 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 Exclusive Special Judge, SC/ST, Patna in connection with Sachivalay SC/ST P.S. Case No. 02 of 2023. Patna High Court CR. APP (SJ) No.1040 of 2024(4) dt.07-08-2025 3/3 7. Accordingly, this criminal appeal is allowed and impugned order dated 27.01.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T