IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2939 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- DINARA District- Rohtas ====================================================== 1. HARE RAM CHAUDHARY S/O JAI RAM CHAUDHARY R/O VILLAGE- DUBEY DIHRI, P.S- DINARA, DISTT.- ROHTAS. 2. DEEPAK CHAUDHARY S/O JAI RAM CHAUDHARY R/O VILLAGE- DUBEY DIHRI, P.S- DINARA, DISTT.- ROHTAS. 3. BHOLA SHANKAR CHAUDHARY @ BHOLE SHANKAR CHAUDHARY S/O HARE RAM CHAUDHARY R/O VILLAGE- DUBEY DIHRI, P.S- DINARA, DISTT.- ROHTAS. 4. OM PRAKASH CHAUDHARY S/O MURALI CHAUDHARY R/O VILLAGE- DUBEY DIHRI, P.S- DINARA, DISTT.- ROHTAS. ... ... Appellant/s Versus 1. THE STATE OF BIHAR 2. AAITWARO DEVI S/O GOVIND PASWAN R/O VILLAGE- DUBEY DIHRI, P.S- DINARA, DISTT.- ROHTAS. ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Shashi Kant, Advocate For the State : Ms. Usha Kumari 1, Spl.PP For the Informant : Mr. Om Prakash Upadhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 04-09-2025 Heard learned counsel appearing for the appellants, learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/Respondent No. 2. 2. This appeal has been filed for setting aside order dated 27.05.2024 passed in a case registered for the offence Patna High Court CR. APP (SJ) No.2939 of 2024(3) dt.04-09-2025 2/4 punishable under Sections 341, 323, 325, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these appellants, assaulted younger daughter of the informant, snatched her gold chain and also abused her by caste name. 4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. As a matter of fact, both parties are next door neighbours and due to petty dispute, a quarrel took place between the parties. The present F.I.R. has been lodged after inordinate delay of 15 days and there is no plausible explanation for the same, which itself creates doubt on the entire prosecution case. Allegation of assault and abuse by caste name is general and omnibus and no specific accusation of overt act has been alleged against these appellants. It is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes Patna High Court CR. APP (SJ) No.2939 of 2024(3) dt.04-09-2025 3/4 and Scheduled Tribes (Prevention of Atrocities) Act is made out against these appellants. 5. On the other hand, learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant/Respondent No. 2 have vehemently opposed this appeal. 6. Considering the facts and circumstances of the case, delay in lodging of the F.I.R. and general and omnibus nature of accusation, this appeal is allowed and the impugned order dated 27.05.2024 passed by the learned Additional District and Sessions Judge-XVII-cum-Special Judge, SC/ST Act, Sasaram, Rohtas in connection with Dinara P.S. Case No. 63 of 2024 is hereby set aside with respect to these appellants only. 7. Accordingly, let the appellants, 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 learned Additional District and Sessions Judge-XVII-cum- Special Judge, SC/ST Act, Rohtas at Sasaram in connection with Patna High Court CR. APP (SJ) No.2939 of 2024(3) dt.04-09-2025 4/4 Dinara P.S. Case No. 63 of 2024. shashank/- (Prabhat Kumar Singh, J) U T