IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4445 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- SC/ST District- Sheikhpura ====================================================== 1. Vinod Saw S/o Late Kaleshwar Saw R/o Village - Nimmi, P.S - Shekhopur Sarai, District -Sheikhpura 2. Subodh Saw @ Subodh Kumar S/o Vinod Saw R/o Village - Nimmi, P.S - Shekhopur Sarai, District -Sheikhpura 3. Pramod Saw @ Pramod Kumar S/o Vinod Saw R/o Village - Nimmi, P.S - Shekhopur Sarai, District -Sheikhpura ... ... Appellant/s Versus 1. The State of Bihar 2. Munni Devi W/o Manoj Paswan R/o Village - Nimmi, P.S - Shekhopur Sarai, District -Sheikhpura ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Nilendu Kumar Choudhary For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 24-02-2026 Heard learned counsel for the appellant. 2. This appeal has been preferred on behalf of the appellants under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act, 1989, for setting aside the order dated 10.10.2025, passed by the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura, in connection with (Sheikhpura) SC/ST P.S.Case No. 26 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 76, 303(2), 352, 351 and 3(5) of the BNS and Sections 3(1)(r)(s)/3(2)(va) of the SC ST Act, whereby the Patna High Court CR. APP (SJ) No.4445 of 2025(3) dt.24-02-2026 2/3 prayer for anticipatory bail of the appellants has been rejected. 3. According to the FIR, the appellants encroached the public path, and at the instance of the informant, the Circle Officer verified the matter and prohibited the accused persons from construction. Being aggrieved, the accused persons, including the appellants abused the informant an assaulted her and her husband. 4. The learned counsel for the appellants has submitted that the appellants are innocent and have falsely been implicated. The root cause of the dispute is not the malicious feeling of caste, rather it is a dispute regarding a pathway. According to the submission of the learned counsel for appellants, the appellants were constructing their house on their own land and it was not a public path. 5. On the other hand, the learned counsel for the informant vehemently opposed the prayer for bail by submitting that the accused persons abused the informant and her husband in full public view and also assaulted them and snatched the gold locket and Rs.15,000/-. 6. The root cause of the occurrence appears to be the land dispute (a dispute relating to pathway). The appellants make claim over the land, whereas the informant claims the land Patna High Court CR. APP (SJ) No.4445 of 2025(3) dt.24-02-2026 3/3 as a public path. It is a subject-matter of inquiry under Section 133 of the CrPC. It appears that the rood cause of the occurrence is not the malicious feeling of caste, rather it is a land dispute. The injuries are simple in nature. 7. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 10.10.2025, passed by the learned District and Additional Sessions Judge-1st-cum- Special Judge, SC/ST Act, Sheikhpura, in connection with (Sheikhpura) SC/ST P.S.Case No. 26 of 2025 is set aside. 8. Accordingly, in the event of arrest or surrender within four weeks from today, the appellants, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura, in connection with (Sheikhpura) SC/ST P.S.Case No. 26 of 2025. HR/- (Nawneet Kumar Pandey, J) U T