IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1415 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1. Maz Khan @ Margub Jama S/o Munna Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 2. Saz Khan @ Neyaz Jama S/o Munna Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 3. Illiyas Khan @ Md. Illiyas Khan S/o Late Md. Jafinudin Khan @ Jafru Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 4. Idris Khan S/o Late Subhan Khan @ Moijur Rahman Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 5. Mokhatar Khan S/o Late Ashik Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 6. Shahbaz Khan @ Sahwaz Khan S/o Md. Taz Khan @ Taz Khan @ Md. Taiyab Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 7. Furkan Khan @ Furkhan Khan S/o Mukhtar Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 8. Arbaz Khan @ Arbaj Khan S/o Md. Taiyab Khan @ Md. Taz Khan @ Taz Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 9. Taiyab Khan @ Md. Taiyab Khan S/o Mokhtar Khan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 10. Samsher Alam @ Samshad Alam S/o Shaphik Alam Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 11. Sonu alam @ Shabbir Hasan S/o Shafik Alam @ Md. Shafik Alam Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 12. Arif Ansari @ Arif Ansari S/o Munna Ansari Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 13. Khalique Ansari @ Khalid Ansari @ Khalid Ansari S/o Munna Ansari @ Mokhtar Ansari Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 14. Ibrar Ansari @ Ibran Ansari @ Imran Ali S/o Hasim Ansari @ Halim Sahab Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 15. Lambu Ansari @ Talib Ansari S/o Munna Ansari @ Mokhtar Ansari Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 16. Mahir Ansari @ Sahir Ansari @ Md. Tahir Ansari @ Sahir S/o Munna Ansari @ Firoz Ansari Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 17. Ganauri Miya @ Ibrar Miya S/o Late Manzoor Miya @ Md. Manzoor Hasan Patna High Court CR. APP (SJ) No.1415 of 2024(3) dt.08-09-2025 2/4 Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 18. Sukhu Miya @ Ashif Alam S/o Ibarar Miyan @ Ganauri Miya Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya 19. Natho Miya @ Md. Jubair Hasan S/o Late Manzoor Miya @ Md. Manzoor Hasan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Chandra Shekhar Paswan S/o Paras Paswan Resident of Village Mai, P.O. - Karu Bigha, P.S. Nimchak Bathani, District Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ujjawal Kumar Singh, adv For the Respondent/s : Mr.Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 08-09-2025 1. Heard learned counsel for the appellants and learned Spl. P.P. for the State, Shri Sadanand Paswan. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 17-1-2024 in A.B.P. No. 142 of 2023 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in connection with Bathani P.S. Case No. 142 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code as well as Section 3(i)(r)(s) of the SC/ST Act. Patna High Court CR. APP (SJ) No.1415 of 2024(3) dt.08-09-2025 3/4 3. Learned counsel appearing on behalf of the appellants submits that from perusal of the office report dated 19-6-2024, it would manifest that the same records that registered cover notice has been validly served upon the respondent No. 2. It is next submitted that respondent No. 2 despite receiving notice chose not to appear for the reason that parties have compromised the case. It is further submitted that from perusal of the Annexure-2 to the appeal, it would manifest that the parties filed a compromised petition in the court of learned Special Judge, SC/ST Act, Gaya. 4. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that the Muslim community were crossing for taking soil on the occasion of Muharram and on hearing the noise, the buffalo of the informant jumped and got injured, on which the informant objected when the accused persons abused her by taking her caste name and also assaulted. The learned counsel appearing on behalf of the appellants submits that even allegation of assault is not specific and the parties have compromised. 5. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellants. Patna High Court CR. APP (SJ) No.1415 of 2024(3) dt.08-09-2025 4/4 6. Considering the aforesaid facts, let the appellants above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the impugned order is set aside and the appeal stands allowed. Sumit/- (Satyavrat Verma, J) U T