IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1409 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1. Bane Imam @ Fazal Imam Malik S/O Late Hasan Imam R/O Village- Chewara, P.S- Chewara, Distt.- Sekhpura. 2. Munna Imam @ Khalid Imam S/O Hanu Imam R/O Village- Chewara, P.S- Chewara, Distt.- Sekhpura. 3. Rajiv Imam @ Imam Razi S/O Late Tunna Imam R/O Village- Chewara, P.S- Chewara, Distt.- Sekhpura. 4. Shafe Imam @ Imam Shafi S/O Late Tunna Imam R/O Village- Chewara, P.S- Chewara, Distt.- Sekhpura. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 22-01-2025 Heard the parties. 2. The present appeal has been preferred for the quashing of order dated 15.09.2023, passed by learned Additional Session Judge-1st-cum-Special Judge (SC/ST) Sheikhpura, in SC/ ST Case No. 17 of 2023, by which cognizance has been taken under section 323, 354, 448, 427 and 429 of the Indian Penal Code and section 3(1)(f)(i)(g), 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 against the Appellants. I.A. No. 01 of 2024 3. The Interlocutory Application has been preferred Patna High Court CR. APP (SJ) No.1409 of 2024(3) dt.22-01-2025 2/3 for condonation of delay of 271 days in filing the appeal. 4. Having gone through the facts of the case and there is no opposition from the opposite side, the same is allowed. The delay of 271 days stands condoned. Cr. Appeal (SJ) No. 1409 of 2024 5. Learned counsel for the appellants submit that they reside outside for their livelihood, the complainant conspired and tried to grab the land, opposition took place, they lodged Sheikhpur P.S. Case No. 203 of 2023 and for the same occurrence, the present compliant which clearly show it as per thought. 6. Learned Special PP opposed the prayer for bail submitting that the fact remains that an occurrence took place which reflects from the fact that the appellants themselves have lodged an F.I.R, there is a counter version also and as such prima facie case is made out. 7. Having gone through the facts of the case and also the submissions of the parties, this Court find force in the submission of the learned Special PP. While the appellant alleges that the land belong to them, the other side tried to grab the land which resulted into the occurrence and lodging of the F.I.R., on the other hand the complainant has alleged that the Patna High Court CR. APP (SJ) No.1409 of 2024(3) dt.22-01-2025 3/3 appellants herein are the aggressor and when they objected to the presence of a hut which was constructed overnight, the assault took place. In that background, there is no error in the order dated 15.09.2023 passed by the learned Additional Session Judge-1st-cum-Special Judge (SC/ST) Sheikhpura in SC/ ST Case No. 17 of 2023 by which cognizance has been taken against the appellants. 8. In the opinion of the Court, there is no error in the order dated 15.09.2023. The appeal stands dismissed. vinayak/- (Rajiv Roy, J) U T