IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2759 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- ISUAPUR District- Saran ====================================================== 1. Reena Devi W/o Rajesh Singh Kushwaha R/o vill - Ramchaura, P.S. - Isuapur, Distt. - Saran at Chapra 2. Bittu Singh @ Bittu Kumar S/o Rajesh Kumar Kushwaha R/o vill - Ramchaura, P.S. - Isuapur, Distt. - Saran at Chapra 3. Ravi Singh @ Ravi Kumar S/o Rajesh Kumar Kushwaha R/o vill - Ramchaura, P.S. - Isuapur, Distt. - Saran at Chapra ... ... Appellant/s Versus 1. The State of Bihar 2. Pancham Manjhi S/o Late Pati Ram Manjhi R/o vill - Ram Choura, P.s. - Isuapur, Distt. - Saran at Chapra ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Tejpratap Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 10-04-2025 Despite valid service of notice, none appears on behalf of the respondent No. 2. 2. This appeal has been filed against the order dated 19.04.2024 passed by learned Exclusive Special Judge, SC/ST Act, Saran at Chapra in connection with A.B.P. No. 1199 of 2024 arising out of Isuapur P.S. Case No. 305 of 2023, registered under Sections 341, 323, 324, 504, 34 of the Indian Penal Code and Sections 3(i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.2759 of 2024(4) dt.10-04-2025 2/3 3. As per prosecution case, on 17.11.2023 at about 11 AM, all the F.I.R. named accused persons including these appellants came to the field of informant and thereafter, abused and assaulted him with dab as a result of which he sustained head injury. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against the appellants. Moreover, there is no allegation of abuse by caste name in the F.I.R., as such, no offence under SC/ST Act is made out against the appellants. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 6. Considering the nature of accusation and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, SC/ST Act, Saran at Chapra in connection with Isuapur P.S. Case No. 305 of 2023. 7. Accordingly, this criminal appeal is allowed and Patna High Court CR. APP (SJ) No.2759 of 2024(4) dt.10-04-2025 3/3 impugned order dated 19.04.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T