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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1191 of 2025 Arising Out of PS. Case No.-360 Year-2024 Thana- MOHANPUR District- Gaya ======================================================
1. Mannu Sao @ Mannu Saw S/O Late Charitar Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya
2. Pappu Sao @ Pappu Kumar S/O Late Ramu Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya
3. Chotu Sao @ Chhotu Sao S/O Late Ramu Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya
4. Chandan Kumar S/O Late Ramu Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya
5. Vikram Sao @ Vikram Kumar S/O Gowardhan Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya
6. Puja Devi @ Putul Devi W/O Pintu Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya
7. Puja Devi W/O Pappu Sao R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya ... ... Appellant/s Versus
1. The State of Bihar Patna
2. Rajkumar Chaudhary S/O Late Keshar Chaudhary R/O Village- Chuanwar, P.S.- Mohanpur, Dist.- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Nand Kishor Sinha, Advocate Mr.Vijay Kumar, Advocate For the Respondent/s : Mr.Binay Krishna, Spl.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated 13.02.2025 passed by the learned Exclusive Special Judge-cum- Special Judge, SC/ST Act, Gaya in connection with Mohanpur P.S. Case No. 360 of 2024 registered for the offence under Sections 126(2), 115(2), 117(2), 109, 303(2), 74, 351(2), 3/5 of
Patna High Court CR. APP (SJ) No.1191 of 2025(3) dt.12-03-2026 2/4 the BNS and under section 3(1)(r)(w), 3(2)(v) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected.
3. The allegation against the appellant nos. 1, 2, 3 and 4 is of assault and the injury report is awaited.
4. Learned counsel for the appellants seeks permission to withdraw the application on behalf of appellant nos. 1, 2, 3 and 4.
5. Permission is accorded.
6. Their application stands dismissed as withdrawn with liberty to the appellant nos. 1, 2, 3 and 4 to file a fresh bail application in this Court after the injury report is made available.
7. The bail application of appellant nos. 5 and 6 have already been withdrawn.
8. So far as appellant nos. 7, 8 and 9 are concerned, there is general and omnibus allegation against them and no offence under SC/ST Act is made out against them.
9. Learned counsel for the State has opposed the prayer of the appellants
10. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed for appellant
Patna High Court CR. APP (SJ) No.1191 of 2025(3) dt.12-03-2026 3/4 nos. 7, 8 and 9 only and accordingly, the order dated 13.02.2025 passed by the learned Exclusive Special Judge-cum- Special Judge, SC/ST Act, Gaya in connection with Mohanpur P.S. Case No. 360 of 2024, is hereby set aside.
11. Let the appellant nos. 7, 8 and 9, 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 Exclusive Special Judge-cum- Special Judge, SC/ST Act, Gaya /concerned Court below in connection with Mohanpur P.S. Case No. 360 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
12. Learned counsel for the appellants lastly submits that in a case of the year 2024, the injury report is still awaited.
13. The I.O. of the case is directed to get the injury report within two weeks and submit the same in the court of the Special Judge, failing which the Special Judge will initiate appropriate proceeding against the I.O. of the case and also inform this Court about the same.
14. This appeal is partly allowed.
15. The appellant nos. 1, 2, 3, 4 shall not be arrested
Patna High Court CR. APP (SJ) No.1191 of 2025(3) dt.12-03-2026 4/4 in the next two weeks.
tusharika/- (Sandeep Kumar, J) U T