IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4689 of 2025 Arising Out of PS. Case No.-17 Year-2023 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== 1. Bharat Mandal, S/o Pradeep Mandal @ Pradip Mandal, R/o Village- Kumaitha, P.S - Halsi, District - Lakhisarai 2. Shatrudhan Mandal, S/o Pradeep Mandal @ Pradip Mandal, R/o Village- Kumaitha, P.S- Halsi, District- Lakhisarai 3. Pradeep Mandal @ Pradip Mandal, S/o Ramotar Mandal, R/o Village- Kumaitha, P.S- Halsi, District- Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar 2. Geeta Devi, W/o Bambam Paswan, R/o Village- Kumaitha, P.S- Halsi, District- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Ms. Khushi Awadh, Advocate Mr. Jitendra Narain Sinha, Advocate Mr. Ram Shankar Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 23-02-2026 1. Heard learned counsel for the parties. 2. The appellants have preferred this appeal against the order dated 14.10.2025 passed in A.B.P. no.1218 of 2025 by learned District and Additional Sessions Judge Ist-cum-Special Judge, SC/ST Act, Lakhisarai and for grant of anticipatory bail in connection with Complaint Case no.17C of 2023 (arising out of Lakhisarai SC/ST P.S. Case no.5 of 2023) registered under sections 307, 148, 323, 379, 504 and 354B of the Indian Penal Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (PoA) Patna High Court CR. APP (SJ) No.4689 of 2025(3) dt.23-02-2026 2/3 Act. 3. At the outset, learned counsel for the appellants submits that on the Complaint Case no.38C of 2022 filed by the respondent no.2 having been referred, an F.I.R. being Lakhisarai SC/ST P.S. Case no.5 of 2023 was registered under sections 307, 148, 323, 379, 504 and 354B of the Indian Penal Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (PoA) Act wherein on investigation final form was submitted. However differing with the final report, vide order dated 10.1.2024 (Annexure-P/3), cognizance has been taken against the appellants under sections 323, 379, 504, 354B and 34 of the Indian Penal Code and section 3(1)(r)(s) of the SC/ST (PoA) Act. 4. The appeal is opposed by learned Spl.P.P. for the State. It is submitted by learned Spl.P.P. that cognizance having been taken under the SC and ST (PoA) Act, the instant appeal arising out of an application for anticipatory bail will not be maintainable. 5. After some argument, learned counsel for the appellants seeks permission to withdraw the instant appeal with liberty to move the learned Court below on behalf of the appellants for bail. Patna High Court CR. APP (SJ) No.4689 of 2025(3) dt.23-02-2026 3/3 6. Having heard learned counsel for the parties, the instant appeal is disposed of as not maintainable. 7. The appellants are directed to surrender in the learned Court below within a period of four weeks. 8. In case the appellants so surrender within the aforesaid period and pray for regular bail, the same shall be considered by the learned Court below on its own merits without being prejudiced by this order of rejection/withdrawal. avinash/- (Partha Sarthy, J) U T