IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2809 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- SC/ST District- Patna ====================================================== 1. Jitendra Yadav Son Of Late Indradeo Yadav R/O- Rarwan, P.S.- Naubatpur, District- Patna 2. Ashish Kumar @ Ashish Yadav Son Of Ram Kumar Yadav R/O- Rarwan, P.S.- Naubatpur, District- Patna 3. Munna Kumar @ Munna Yadav Son Of Kapil Yadav R/O- Rarwan, P.S.- Naubatpur, District- Patna ... ... Appellant/s Versus 1. The State Of Bihar 2. Indal Paswan Son Of Itwar Paswan Resident Of Bichhedi, P.O.- Araf, P.S.- Naubatpur, District- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ghanshyam Tiwary, 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 30.05.2024 passed by learned Exclusive Special Judge, SC/ST Act, Patna in connection with A.B.P. No. 1794 of 2024 arising out of SC/ST P.S. Case No. 22 of 2024, registered under Sections 147, 149, 323, 325, 354(B) of the Indian Penal Code and Sections 3(i)(r)(s)W(i)/3(2)(v)(a) 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.2809 of 2024(4) dt.10-04-2025 2/3 3. As per prosecution case, on 25.03.2024, all the F.I.R. named accused persons including these appellants entered the house of informant with lathi-danda and started abusing informant by caste name. It is further alleged that the accused persons also assaulted informant and his family members by means of deadly weapons and disrobed the wife of younger brother of the informant. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. He next submits that due to petty dispute, quarrel took place between the parties in which both sides sustained injuries. Case and counter case. F.I.R. has been lodged after inordinate delay of 17 days for which there is no plausible explanation. Moreover, it is not the case of informant that alleged incident occurred within the public view, 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 Patna High Court CR. APP (SJ) No.2809 of 2024(4) dt.10-04-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, SC/ST Act, Patna in connection with SC/ST P.S. Case No. 22 of 2024 7. Accordingly, this criminal appeal is allowed and impugned order dated 30.05.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T