IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.828 of 2025 Arising Out of PS. Case No.-108 Year-2023 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1. Rajendra Rajak S/o- Late Chokh Narayan Rajak @ Late Narayan Rajak R/o- Old Police Line Tar Ghat Po- GPO, Ps- Gandhi Maidan Dist- Patna 2. Sukhdeo Rajak S/o- Late Chokh Narayan Rajak @ Late Narayan Rajak R/v- Bakarganj Bajaja Near Lane Infront of B.N College, Po- Bankipur Ps- Pirbahore Dist- patna 3. Kapildeo Rajak S/o- Late Chokh Narayan Rajak @ Late Narayan Rajak R/o- New Bigrahpur Po- GPO Ps- Jakkanpur Dist- Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Munna Rajak S/o- Late Narayan Rajak Village- Bigrahpur Po- GPO Ps- Jakkanpur Dist- Patna, P/A- Moh- Dariyapur Qutubuddin Lane, Korea Tola Po- Bankipur Ps- Pirbahore Dist- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nitesh Kumar For the Respondent/s : Ms. Usha Kumari No. 1, Spl. PP Mr. Mr. Bal Mukund Prasad Sinha For the Respondent No.2: Mr. Y. Madhvi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 12-03-2026 Heard learned counsel for the appellants, the learned Spl. P.P. for the State and the learned counsel for the informant. 2. This appeal is preferred against the order dated 12.09.2024 passed by the learned Exclusive Special Judge, SC/ST (POA)Act, Patna Sadar passed in ABP No. 3574 of 2024 arising out of Complaint Case No. 108(C) of 2023 registered for the offence under Sections 419, 420, 341 and 504 of the Indian Penal Code. Patna High Court CR. APP (SJ) No.828 of 2025(5) dt.12-03-2026 2/3 3. As per the complaint petition, the petitioners along with co-accused produced forged documents and executed sale- deed of 15 dhur land. 4. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore, this anticipatory bail application is maintainable. He further submits that the occurrence has taken place because of land dispute. 5. Learned counsel for the State and the learned counsel for the informant have opposed the prayer of the appellants. 6. From the reading of the entire complaint, it does not appear that offence has been committed against the informant on the ground that he is a member of SC/ST community because the petitioners also belongs to the schedule caste community and the same appears to be a mala fide prosecution. 7. In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail is maintainable. 8. Considering the rival submissions of the parties and the facts of the case, the appeal stands allowed. Accordingly, the Patna High Court CR. APP (SJ) No.828 of 2025(5) dt.12-03-2026 3/3 order dated 12.09.2024 passed by the learned Exclusive Special Judge, SC/ST (POA)Act, Patna Sadar passed in ABP No. 3574 of 2024 arising out of Complaint Case No. 108(C) of 2023 is hereby set aside. 9. 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 Court below where the case is pending/successor Court in connection with Complaint Case No. 108(C) of 2023, subject to the conditions laid down under Section 438(2) of the Cr. P.C./ Section 482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T