IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2420 of 2024 Arising Out of PS. Case No.-684 Year-2023 Thana- BARH District- Patna ====================================================== Mantosh Kumar @ Santosh Kumar @ Santosh Rai S/o Dullo Rai @ Rudal Rai @ Dular Chand Yadav R/o Village- Sekhopur, Akarbarpur Railway Gumti, P.S.- Barh, Dist.- Patna ... ... Appellant/s Versus 1 . The State of Bihar 2. Nitish Kumar S/o Late Kanhaiya Paswan R/o Kali Sthan Malahi, P.S.- Barh, District-Patna ... ... Respondent/s =================================================== === Appearance : For the Appellant/s : Mr. Prem Kumar , Advocate For the Respondent/s: Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 20-02-2025 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No. 2. 2. This appeal has been filed for setting aside order dated 20.03.2024 passed in a case registered for the offence punishable under sections 341 , 323 , 342, 379, 504 and 34 of the Indian Penal Code and sections 3(2)(v)(a) of the Scheduled Patna High Court CR. APP (SJ) No.2420 of 2024(4) dt.20-02-2025 2/3 Castes and Scheduled Tribes Act whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , on 08.10.2023 while informant was returning home and reached near Railway Gumti, all the accused persons including this appellant assaulted and abused him by caste name . It is further alleged that co-accused Suraj Rai snatched Rs. 800/- from his pocket. 4. It is submitted that as per F.I.R., specific accusation is against other co-accused persons and so far as this appellant is concerned, he is only alleged to have caught hold of informant. There is no allegation of any overt act alleged against this appellant. It is not the case of the informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. Appellant claims clean antecedent. 5 . Learned Public Prosecutor for the State opposed the prayer for bail. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, 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. Patna High Court CR. APP (SJ) No.2420 of 2024(4) dt.20-02-2025 3/3 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special SC/St Act Patna in connection with Barh Police Station Case No. 684 of 2023 . Koushik/- (Prabhat Kumar Singh, J) U T