IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2211 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- SC/ST District- Gopalganj ====================================================== Imran Khan @ Imran S/o Visamila Khan R/o Village Narainpur, P.S. - Thawe, Distt. - Gopalganj ... ... Appellant/s Versus 1. The State of Bihar 2. Kamlesh Kumar S/o Subash Sah R/o vill- Narainpur, P.s. - Thawe, Dist. - Gopalganj ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pankaj Kumar Dubey, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 10-04-2025 Despite valid service of notice, none appears on behalf of the respondent No. 2. 2. Heard learned counsel for the appellant and the State. 3. This appeal has been filed against the order dated 25.04.2024 passed by learned Additional Sessions Judge-XI- cum-Exclusive Special Judge SC/ST, Gopalganj in connection with A.B.P. No. 939 of 2024 arising out of Gopalganj SC/ST P.S. Case No. 64 of 2023, registered under Sections 341, 323, 324, 504, 506/34 of the Indian Penal Code and Section 3(i)(r) (s)/3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for Patna High Court CR. APP (SJ) No.2211 of 2024(3) dt.10-04-2025 2/3 anticipatory bail of appellant has been rejected. 4. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including this appellant demanded money from the informant and upon refusal, they abused the informant by caste name and assaulted him by means of butt of pistol and snatched Rs. 20,000/- from the informant. 5. Learned counsel for the appellant submits that allegation of assault by butt of pistol is not specific rather it is general and omnibus. He further submits that no reason has been assigned as to why all the F.I.R. named accused persons demanded money from the informant, which itself raises doubt over veracity of the prosecution case. Moreover, it is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against the appellant. Furthurmore, similarly situated co-accused persons have already been granted anticipatory bail by co- ordinate Bench of this Hon’ble Court vide order dated 03.10.2024 passed in Cr. Appeal (SJ) No. 873 of 204. Appellant claims clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. Patna High Court CR. APP (SJ) No.2211 of 2024(3) dt.10-04-2025 3/3 7. Considering the nature of accusation and clean antecedent, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XI-cum-Exclusive Special Judge SC/ST, Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 64 of 2023 8. Accordingly, this criminal appeal is allowed and impugned order dated 25.04.2024 is set aside with respect to these appellant only. Navya/- (Prabhat Kumar Singh, J) U T