IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1179 of 2023 Arising Out of PS. Case No.-571 Year-2022 Thana- GARKHA District- Saran ====================================================== 1. NARESH RAI @ RAM NARESH RAI S/O LAXMAN RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. 2. SACHIN KUMAR S/O JAWAHIR RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. 3. AKASH KUMAR S/O GULI RAI @ JULIE RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. 4. BAWANA KUMAR S/O BUTAN RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. 5. BUTAN RAI S/O LATE BHIKHARI RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. 6. BHISHAM RAI @ BHISAM KUMAR YADAV S/O SUKAN RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. 7. JOKIL RAI @ MUKESH KUMAR S/O SUKAN RAI Resident of Village- Janki Nagar, P.S.- Garkha, District- Saran. ... ... Appellant/s Versus 1. The State of Bihar 2. Champa Devi, W/o Arun Manjhi R/v- Janaki Nagar P.S.- Garkha, District- Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ravi Prakash, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 30-01-2025 Despite valid service of notice, none appears on behalf of the respondent No. 2. 2. Heard learned counsel for the appellants and State. 3. This appeal has been filed against the order dated 30.01.2023 passed by learned Additional Sessions Judge-3rd- cum-Special SC/ST/MP/MLA Judge, Saran in connection with Patna High Court CR. APP (SJ) No.1179 of 2023(3) dt.30-01-2025 2/3 A.B.P. No. 3881 of 2022 arising out of Garkha P.S. Case No. 571 of 2022, registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. As per prosecution case, on 30.08.2022 at about 11 AM, these appellants brutally assaulted the informant due to dispute over defecation. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no allegation of specific overt act against the appellants. Injuries allegedly caused by the appellants are simple in nature. There is no allegation that these appellants abused the informant by caste name as such, no offence under SC/ST Act is made out. Appellants claim clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. 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 Patna High Court CR. APP (SJ) No.1179 of 2023(3) dt.30-01-2025 3/3 furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-3rd-cum-Special SC/ST/MP/MLA Judge, Saran in connection with A.B.P. No. 3881 of 2022 arising out of Garkha P.S. Case No. 571 of 2022. 8. Accordingly, this criminal appeal is allowed and impugned order dated 30.01.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T