IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2349 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- SC/ST District- Patna ====================================================== 1. Anshu Kumar S/o Mukesh Kumar R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna 2. Krishlay Sharma @ Kishlay Kumar S/o Manohar Sharma R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna 3. Ujjawal Kumar @ Sudhanshu Kumar S/o Arvind Kumar @ Arvind Kumar Sharma R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna 4. Nikhil Kumar S/o Pappu Kahar @ Pappu Ram R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna 5. Aryan Kumar S/o Raju Prasad @ Raju Sonar R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna 6. Raju Kumar S/o Umesh Thakur R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna 7. Pawan Kumar S/o Amarnath Sharma R/o vill - Ashopur, P.S. - Danapur, Distt. - Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Sunita Devi W/o Anil Kumar Verma @ Anil Ram R/o Ashopur, Ward no. 1, P.S. - Danapur, Distt. - Patna ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Tribhuwan Narayan, Advocate Mr. Santosh Kumar, Advocate For the State : Ms. Usha Kumari 1, Spl.PP For Respondent No. 2 : Mr. Nilabh Ranjan, Advocate Mr. Rama Shankar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 03-04-2025 Heard learned counsels for the parties. 2. This appeal has been filed for setting aside order dated 25.04.2024, passed in a case registered for the offence punishable under Sections 341, 323, 504, 506, 354 and 34 of the Patna High Court CR. APP (SJ) No.2349 of 2024(3) dt.03-04-2025 2/3 Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 3. As per the prosecution case, informant, namely Sunita Devi, alleged that on 26.03.2024 at about 11 AM, while she was at her house in the meantime, all the accused persons named in the F.I.R., including these appellants, arrived there and forcibly applied colors on her husband, who is physically handicapped, causing him to fall. It is further alleged that when informant objected, all the accused persons abused her by caste name and tried to assault her in indecent manner. It is further alleged that they attacked upon her husband by means of lathi and danda. 4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. As a matter of fact, on the eve of Holi while applying colors a quarrel took place between the parties. Allegation of abuse by caste name is general and omnibus. Doctor has found the injuries sustained by the injured to be simple in nature. It is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Act is made out against Patna High Court CR. APP (SJ) No.2349 of 2024(3) dt.03-04-2025 3/3 these appellants. Appellants claim clean antecedents. 5. On the other hand, learned Special P.P. for the State and learned counsel for the informant/Respondent No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the appellants. 6. Considering the aforesaid facts and circumstances of the case, this appeal is allowed and the impugned order dated 25.04.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Patna in connection with A.B.P. No. 1642 of 2024 is hereby set aside with respect to these appellants only. 7. Accordingly, let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Patna in connection with Patna SC/ST P.S. Case No. 20 of 2024. shashank/- (Prabhat Kumar Singh, J) U T