IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1314 of 2025 Arising Out of PS. Case No.-967 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== 1. Depu Chaudhary @ Deepu Kumar S/O Umesh Chaudhary R/O Vill.- Markatta, P.S.- Mufassil, Dist.- Gaya. 2. Viku Chaudhary @ Beeku Kumar @ Biku Kumar S/O Umesh Chaudhary R/O Vill.- Markatta, P.S.- Mufassil, Dist.- Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Munshi Manjhi S/O Kishore Manjhi R/O Vill.- Iguna, P.S.- Muffasil, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sunil Kumar Yadav, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 23-04-2026 Despite valid service of notice, none appears on behalf of the respondent no. 2. 2. Heard learned counsel for the appellants and the State. 3. This appeal has been filed against the order dated 22.01.2025 passed by learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 4 of 2025 arising out of Gaya Mufassil P.S. Case No. 967 of 2024 registered under Sections 126(2), 115(2), 125, 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 3(1) (r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of Patna High Court CR. APP (SJ) No.1314 of 2025(4) dt.23-04-2026 2/3 appellants has been rejected. 4. Prosecution case, in brief, is that on 1.11.2024 when informant was performing Laxmi puja in his village, all the F.I.R. named accused persons, including these appellants, reached there in drunken stage and started abused informant by caste name. Upon objection, all the accused persons assaulted informant with brick stone as a result of which he sustained head injury. 5. Learned counsel for the appellants submits that both parties are co-villagers and due to petty dispute, altercation took place between them. Allegation of assault is general and omnibus and there is no injury report on record to substantiate the allegation. It is not the case of informant that any member of public was present at the alleged place of occurrence and as such, no case under SC/ST Act is made out against the appellants. It is further submitted that due to intervention of well-wishers, dispute between the parties has been resolved and a compromise petition in this regard has also been filed before the Exclusive Special Judge SC/ST Court, Gaya on 04.01.2025. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the aforesaid facts, let the appellants, Patna High Court CR. APP (SJ) No.1314 of 2025(4) dt.23-04-2026 3/3 as named 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 Exclusive Special Judge, SC/ST, Gaya in ABP No. 4 of 2025 arising out of Gaya Mufassil P.S. Case No. 967 of 2024. 8. Accordingly, this criminal appeal is allowed and impugned order dated 22.01.2025 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T