Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1886 of 2024 Arising Out of PS. Case No.-1066 Year-2023 Thana- BARACHATTI District- Gaya ======================================================
1.
SONI DEVI @ SONIYA DEVI W/O SURENDRA YADAV R/O CHORMA PANCHAYAT- SIRIYAWAN, P.S- MOHANPUR, DISTT.- GAYA.
2.
ASHA DEVI W/O KARU YADAV R/O CHORMA PANCHAYAT- SIRIYAWAN, P.S- MOHANPUR, DISTT.- GAYA.
3.
GIRZA DEVI W/O HARIHAR YADAV R/O CHORMA PANCHAYAT- SIRIYAWAN, P.S- MOHANPUR, DISTT.- GAYA.
4.
SURENDAR YADAV S/O NARAYAN YADAV R/O CHORMA PANCHAYAT- SIRIYAWAN, P.S- MOHANPUR, DISTT.- GAYA. ... ... Appellant/s Versus
1.
THE STATE OF BIHAR
2.
JITENDRA MANJHI S/O BIRA MANJHI R/O VILLAGE- KHUTAURA, PANCHAYAT- MUSAILA, P.S- MOHANPUR, DISTT.- GAYA. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Varsha Verma, Advocate Mr. Ajay Kumar Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 11-09-2025 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No.2.
2. This appeal has been filed for setting aside order dated 07-03-2024 passed in a case registered for the offence punishable under sections 147, 149, 341, 447, 504, 506, 427, 323, 354, 354 (B), 379 of Indian Penal Code read with under section 3 (i) (g) (r)( s)(w)/ 3 (2)(va) whereby the prayer for anticipatory bail of the appellant has been rejected.
Patna High Court CR. APP (SJ) No.1886 of 2024(4) dt.11-09-2025 2/3
3. As per the prosecution case , informant namely , Jitendra Manjhi alleged that on 9.12.2023 , all the F.I.R. named accused persons including these appellants armed with lathi, danda , khanti and iron rod came at the house of informant and started abusing by caste name and also started demolishing wall of informant. Upon protest, accused persons assaulted informant and took away silver chain from him.
4. It is submitted on behalf of these appellants that on account of land dispute , sudden quarrel took place between both the parties in which both sides sustained injuries. Allegation of abuse by caste name and assault is general and omnibus against these appellants. Rest of the allegations are ornamental in nature to make the case grave in nature . It is not the case of informant that any member of public was present at the time of incident, and as such, no case under SC/ST Act is made out. Appellant Nos. 1 , 2 ans 3 are ladies and all these appellants claim clean antecedent. 5 . Learned special Public Prosecutor for the State opposed the bail appeal.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of
Patna High Court CR. APP (SJ) No.1886 of 2024(4) dt.11-09-2025 3/3 eight weeks from the date of receipt/production of a copy of this
order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive special Judge SC / ST, Gaya in connection with Barachatti Police Station Case No. 1066 of 2023 .
Koushik/- (Prabhat Kumar Singh, J) U