IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1731 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== 1. Chhotu Kumar @ Chhotu Malakar S/o Lal Bahadur Bhandari @ Lal Bahadur @ Hingal Bhandari R/o vill - Chandchaur Chapta, P.s. - Ujiyarpur, Distt. - Samastipur 2. Meera Devi @ Mira Devi W/o Lal Bahadur Bhandari @ Lal Bahadur @ Hingal Bhandari R/o vill - Chandchaur Chapta, P.s. - Ujiyarpur, Distt. - Samastipur 3. Sangita Devi @ Sangeeta Devi W/o Raj Kumar Malakar R/o vill - Chandchaur Chapta, P.s. - Ujiyarpur, Distt. - Samastipur ... ... Appellant/s Versus 1. The State of Bihar 2. Rina Devi W/o Dinesh Rajak R/o vill - Chandchaur Chapta, P.s. - Ujiyarpur, Distt. - Samastipur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mrityunjay Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor Mr. Mahendra Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 21-08-2025 Heard learned counsel for the parties. 2. This appeal has been filed against the order dated 29.02.2024 passed by learned Special Judge, SC/ST (POA) Act, Samastipur in ABP No. 601 of 2024 arising out of Ujiyarpur P.S. Case No. 343 of 2023, registered under Sections 341, 323, 448, 324, 379, 504/34 of the Indian Penal Code and Section 3(1)(r) (s)/3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.1731 of 2024(3) dt.21-08-2025 2/3 3. Prosecution case, in brief, is that informant was in possession of about 15-16 Dhurs of Gair Mazarua Land. It is alleged that appellant no. 2 acquired 3 Kattha 5 Dhur land and also claimed the land over which house of the informant was constructed. Upon objection, all the F.I.R. named accused persons, including these appellants assaulted informant and abused him by caste name. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. From perusal of the F.I.R. it is apparent that there is admitted land dispute between the parties and dispute over possession of land led to an altercation between them. Allegation of assault is general and omnibus. There is no injury report on record to substantiate the allegations against appellants. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against appellants. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application. 6. Considering the nature of accusation and other facts and circumstances of the case, let the appellants, as named Patna High Court CR. APP (SJ) No.1731 of 2024(3) dt.21-08-2025 3/3 above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail- bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Samastipur in ABP No. 601 of 2024 arising out of Ujiyarpur P.S. Case No. 343 of 2023. 7. Accordingly, this criminal appeal is allowed and impugned order dated 29.02.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T