IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1309 of 2024 Arising Out of PS. Case No.-324 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== 1. Monu Shahi @ Monu Kumar Shahi S/O Late Vinod Shah R/O Village- Bahaurwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 2. Saheb Shahi @ Dinesh Narayan Shani R/O Village- Bahaurwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 3. Pramod Yadav S/O Late Mahenddra Yadav R/O Village- Bahaurwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 4. Manoj Yadav S/O Indrasan Yadav R/O Village- Bahaurwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 5. Sonu Shahi S/O Late Vinod Shahi R/O Village- Ahirwaliya, P.S- Chautarwa, Distt.- West Champaran. 6. Aditya Gaien S/O Amal Kirshna Gaien R/O Village- Parsauni, P.S- Chautarwa, Distt.- West Champaran. 7. Vijay Sah @ Vijay Prasad S/O Prabhu Sah R/O Vilage- Chaubariya, P.S- Chautarwa, Distt.- West Champaran. 8. Anup Kumar Shahi @ Anup Shahi S/O Shatrudhan Shahi R/O Village- Ahirwaliya, P.S- Chautarwa, Distt.- West Champaran. 9. Sukai Bin S/O Jiut Bin R/O Village- Baharwa Kauta, P.S- Chautarwa, Distt.- West Champaran 10. Amit Shahi S/O Late Ghan Shyam Shahi R/O Village- Bahaurwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 11. Sonu Sah @ Shyamu Prasad S/O Prabhu Sah R/O Village- Chaubariya, P.S- Chautarwa, Distt.- West Champaran. 12. Dharmnath Mahato S/O Dhuna Mahato R/O Village- Chaubariya, P.S- Chautarwa, Distt.- West Champaran. 13. Ravindra Yadav S/O Jagernath Yadav R/O Village- Bahuarwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 14. Nand Lal Sah @ Nand Lal Prasad S/O Laxman Prasad R/O Village- Ahirwaliya, P.S- Chautarwa, Distt.- West Chmaparan. 15. Chhota Yadav @ Chhotak Yadav S/O Jogindra Yadav R/O Village- Bahuarwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 16. Lal Man Yadav S/O Madan Yadav R/O Village- Bahuarwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 17. Rajesh Yadav S/O Bindheyachal Yadav R/O Village- Bahuarwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 18. Haippi Shahi S/O Panjai Shahi R/O Village- Chaubariya, P.S- Chautarwa, Distt.- West Champaran. 19. Rahul Shahi @ Chandan Shahi S/O Yaswant Shahi R/O Village- Ahirwaliya, P.S- Chautarwa, Distt.- West Champaran. Patna High Court CR. APP (SJ) No.1309 of 2024(4) dt.01-07-2025 2/5 20. Kaushal Bihari Singh S/O Late Shankar Singh R/O Village- Bahuarwa Kanta, P.S- Chautarwa, Distt.- West Champaran. 21. Rupesh Chaubey S/O Late Gajanand Chaubey R/O Village- Ahirwaliya, P.S- Chautarwa, Distt.- West Champaran. ... ... Appellant/s Versus 1. The State Of Bihar 2. Budha Paswan S/O Late Baidh Nath Paswan R/O Village- Barwat Pasrain, P.S- Mufassil, Distt.- West Champarna, At Present Chautarwa, P.S- Driver Constable. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Gauri Shankar Thakur, Advocate For the Respondent/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 01-07-2025 Heard Mr. Gauri Shankar Thakur, learned counsel for the appellants and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State. 2. The informant is a Police personnel (Government Personnel), so no notice is required under the provisions of the SC/ST Act. 3. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 03.10.2023 passed by the learned Additional District and Sessions Judge-I-cum-Special Judge (SC/ST) Bettiah in ABP No. 2936 of 2023 in connection with Chautarwa P.S. Case No. 324 of 2021, F.I.R. dated 24.10.2021 registered under Sections 147, 148, 149, 341, 342, 447, 188, 323, 324, 307, 427, 436, 511, Patna High Court CR. APP (SJ) No.1309 of 2024(4) dt.01-07-2025 3/5 323, 333, 353, 354, 504 and 506 of the Indian Penal Code and Section 3 of the Damage of Public Property Act and Sections 3 (i) (r) (w)/3(2) (Va) of the Scheduled Castes and Scheduled Tribes Act. 4. According to the prosecution case, the appellants along with other accused persons have made chaos and damaged the public property. 5. Learned counsel for the appellants submits that for the same set of application, one more case has been instituted bearing Chautarwa P.S. Case No. 326 of 2021 against the appellants and other co-accused persons. He further submits that although the appellants are named in the F.I.R. but from the perusal of the F.I.R. it appears that there is no specific allegation of assault against these appellants rather there is general and omnibus allegation against all the accused persons including these appellants and apart from that no provision of the SC/ST Act attracts against the appellants. 6. Learned Special Public Prosecutor for the State have vehemently opposed the prayer for bail of the appellants and submits that the appellants have damaged the public property and apart from that the appellants carry one case othr than the present one but fairly submits that for the same set of Patna High Court CR. APP (SJ) No.1309 of 2024(4) dt.01-07-2025 4/5 allegation, the another F.I.R. has been instituted against the appellants and other accused persons. 7. After hearing the parties, in my view for the purpose of this anticipatory bail, no offence under the provisions of Scheduled Castes and Scheduled Tribes Act is made out. 8. Hence, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two surities of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I-cum-Special Judge (SC/ST) Bettiah in connection with Chautarwa P.S. Case No. 324 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with other following conditions:- i. Appellants shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the appellants tampers with the evidence or the Patna High Court CR. APP (SJ) No.1309 of 2024(4) dt.01-07-2025 5/5 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the appellants and in case at any stage it is found that the appellants have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the appellants. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 9. Accordingly, the impugned order is set aside and this appeal stands allowed. Jyoti Kumari/- (Rajesh Kumar Verma, J) U T