IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2506 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- SC/ST District- Gaya ====================================================== 1. Aklesh Pathak @ Akhilesh Pathak @ Akhilesh Kumar Pathak S/O Binod Pathak R/O Village- Nigri, Tola-Wakilganj, P.S.-Dobhi, Dist.-Gaya 2. Zippi Pathak @ Jitendra Kumar S/O Vidya Pathak R/O Village- Nigri, Tola- Wakilganj, P.S.-Dobhi, Dist.-Gaya ... ... Appellant/s Versus 1. The State Of Bihar 2. Matiya Devi W/O Arun Manjhi R/O Village-Nigri, Tola, Wakilganj, P.S.- Dobhi, Dist.-Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Yogesh Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 6 26-03-2025 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. Learned counsel for the appellants submits that the opposite party no. 2 and her niece are living in jointness, therefore, the notice received by the niece of the opposite party no. 2 may be deemed to be validly served. 3. Considering the facts aforesaid, the notice issued to the opposite party no. 2 is treated to be validly served. 4. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail Patna High Court CR. APP (SJ) No.2506 of 2023(6) dt.26-03-2025 2/3 vide order dated 28.04.2023 passed by learned Exclusive Special Judge (SC/ST Act), Gaya in connection with SC/ST P.S. Case No.44 of 2022, registered under Sections 147, 323, 341, 354, 504 of the Indian Penal Code and Sections 3(i) (r) (w) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 5. Allegedly, the appellants along with other co- accused persons assaulted the informant by means of several weapons and abused her by taking her caste name. 6. It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. He has been falsely implicated in the case due to enmity and grudge. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. There is no specific overt act against the appellants. There is no allegation against the appellants to abuse the informant by taking her caste name. Similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 11.10.2023 passed in Cr. Appeal (SJ) No. 2493 of 2023. Appellants have no criminal antecedent as mentioned in para-3 of this memo of Patna High Court CR. APP (SJ) No.2506 of 2023(6) dt.26-03-2025 3/3 appeal. 7. Learned Spl. PP for the State opposed the prayer for bail. 8. In the facts and circumstances of the case as there is general and omnibus allegation against the appellants, let the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in connection with SC/ST P.S. Case No.44 of 2022 , subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 9. Accordingly, the impugned order is set aside and this appeal is allowed. devendra/- (Anjani Kumar Sharan, J) U T