IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2652 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== 1 . Chintu Kumar @ Chintu Singh S/o Ramswaroop Singh R/o Village-Mahiya, P.S.- Halsi,Distt.-Lakhisarai 2. Govind Singh @ Govind Kumar S/o Late Mohan Singh R/o Village-Mahiya, P.S.- Halsi,Distt.-Lakhisarai 3 . Karan Singh @ Karan Kumar S/o Amod Singh R/o Village-Mahiya, P.S.- Halsi,Distt.-Lakhisarai 4. Prince Kumar @ Damru Singh S/o Late Rampratap Singh R/o Village- Mahiya, P.S.- Halsi,Distt.-Lakhisarai ... ... Appellant/s Versus 1 . The State of Bihar 2. Sunil Paswan S/o Prasidhha Paswan R/o Village-Mahiya, P.S.- Halsi,Distt.- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Khushi Awadh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For respondent No. 2 : Mr. Arun Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 27-02-2025 Heard learned counsel for the parties. At the outset learned counsel for the appellants seeks permission to withdraw the bail appeal petition of appellant Nos. 1 and 4. 2. Permission is accorded. 3 . The bail appeal of appellant Nos. 1 and 4 is dismissed as withdrawn . 4. Heard learned counsel for the appellant Nos. 2 and 3 , respondent No. 2 and learned Special Public Prosecutor for Patna High Court CR. APP (SJ) No.2652 of 2024(3) dt.27-02-2025 2/3 the State . 5 . This appeal has been filed for setting aside order dated 14.05.2024 , passed in a case registered for the offence punishable under sections 341, 323, 307, 147, 504 of the IPC and under section 3(i)(r), 3(i)(s), 3 (2) (va) of the SC/ST (POA) Act, 1989 whereby the prayer for anticipatory bail of the appellant has been rejected. 6. As per the prosecution case , on 27.03.2024, all the accused persons in intoxicated state came to the house of informant and assaulted with khanti and abused by caste name . It is further alleged that when Raghunandan Paswan and Knankan Devi came to rescue , they were also assaulted by accused persons by means of brick and stones. 7. It is submitted that appellants are co-villagers of informant and due to petty dispute this false and concocted case has been lodged against them. Allegation of assault is general and omnibus against these appellants and no specific overt act has been alleged against him. It is not the case of the informant that any member of public was present at the time of incident and as such , no case under SC/ST Act is made out. Appellants claim clean antecedent. 8 . Learned counsel for the respondent No. 2 and Patna High Court CR. APP (SJ) No.2652 of 2024(3) dt.27-02-2025 3/3 learned Special Public Prosecutor for the State opposed the prayer for bail. 9. Considering the aforesaid facts, this appeal is allowed only with respect to appellant Nos. 2 and 3 and the impugned order is set aside. Let the appellant Nos. 2 and 3 as 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 Additional District & Sessions Judge-1st cum Special Judge, S.C./S.T., Lakhisarai in connection with Halsi in connection with Police Station Case No. 96 of 2024 . Koushik/- (Prabhat Kumar Singh, J) U T