IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2835 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- SC/ST District- Lakhisarai ====================================================== 1. Mahendra Sao @ Mahendra Prasad Sah @ Mahendra Prasad Sahu S/O Late Brahmdev Sao R/O Vill- Pachna Road, Ward No. 17, P.S. - Kabaiya, Dist - Lakhisarai 2. Amar Sao @ Amar Kumar S/O Mahendra Sao R/O Vill- Pachna Road, Ward No. 17, P.S. - Kabaiya, Dist - Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar 2. Tunni Devi W/o Dinesh Tanti R/O Vill- Pachna Road, Ward No. 17, P.S. - Kabaiya, Dist - Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rabi Bhushan, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 17-04-2025 Despite filing Vakalatnama, none appears on behalf of the respondent No. 2. 2. Heard learned counsel for the appellants and the State. 3. This appeal has been filed against the order dated 21.05.2024 passed by learned Additional District and Sessions Judge 1st cum Special Court, SC/ST Act, Lakhisarai in connection with A.B.P. No. 412 of 2024 arising out of Lakhisarai P.S. Case No. 10 of 2024, registered under Sections 341, 323, 354, 308, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes Patna High Court CR. APP (SJ) No.2835 of 2024(5) dt.17-04-2025 2/3 (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. Prosecution case, in brief, is that on the alleged date and time of occurrence, all the F.I.R. named accused persons including these appellants abused informant by caste name and assaulted her by means of lathi, danda and iron rod. 5. Learned counsel for the appellants submits that both parties are co-villagers and due to petty dispute, an altercation took place, in which both sides sustained injuries. Case and counter case. Present case is counter blast of Kabaiya P. S. Case No. 29 of 2024, which was earlier in point of time, lodged by appellant No. 1 against informant and others. Allegation of assault is general and omnibus and there is no specific allegation of overt act against the appellants. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against the appellants. Appellants claim clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. 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, Patna High Court CR. APP (SJ) No.2835 of 2024(5) dt.17-04-2025 3/3 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 learned Additional District and Sessions Judge 1st cum Special Court, SC/ST Act, Lakhisarai in connection with Lakhisarai P.S. Case No. 10 of 2024. 8. Accordingly, this criminal appeal is allowed and impugned order dated 21.05.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T