IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4170 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- ROHTAS District- Rohtas ====================================================== 1. Dharam Prakash Singh @ Dharamendra Singh @ Dharam Prakash Kumar Singh S/o Ram Swarup Singh Resident of vill- Akbarpur, Kakehatiya, P.S and Distt.- Rohtas, 2. Vikas Kumar Singh S/o Ram Swarup Singh Resident of vill- Akbarpur, Kakehatiya, P.S and Distt.- Rohtas, 3. Kanhai Singh @ Kanhaiya Singh S/o Ram Lakhan Singh Resident of vill- Akbarpur, Kakehatiya, P.S and Distt.- Rohtas, ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Dhanu Kumar Paswan S/o Ganesh Paswan R/o ward no. 5, vill - Kakehatiya, P.S. and Distt.- Rohtas ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sadanand Roy For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 12-03-2026 Heard the parties. 2. This appeal is preferred against the order dated 13.08.2025 passed by the learned Special Judge, SC/ST Act, Sasaram, Rohtas in connection with Rohtas P.S. Case No. 95 of 2025 registered for the offence under Sections 115(2), 109(1), 191(2), 352, 351(3), 126(2) of the BNS and under section 3 (2) (s), 3(1)(r), 3(2)(va) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected. 3. As per the prosecution case, the accused persons are said to have assaulted the informant. Patna High Court CR. APP (SJ) No.4170 of 2025(5) dt.12-03-2026 2/3 4. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because of a dispute in the orchestra program and therefore the application of the anticipatory bail is maintainable. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that he is a member of SC/ST community and primarily, it appears that for a dispute in orchestra, the occurrence has taken place and therefore, this application for grant of anticipatory bail is held to be maintainable. 7. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 13.08.2025, is hereby set aside. 8. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Sasaram, Patna High Court CR. APP (SJ) No.4170 of 2025(5) dt.12-03-2026 3/3 Rohtas/concerned Court below in connection with Rohtas P.S. Case No. 95 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U