IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3797 of 2025 Arising Out of PS. Case No.-259 Year-2025 Thana- EKMA District- Saran ====================================================== 1. Sudha Devi W/o Vijay Yadav R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.- Saran, Bihar 2. Usha Devi W/o Sanjay Yadav R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.- Saran, Bihar 3. Durgawati Devi W/o Achchelal Yadav R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.- Saran, Bihar 4. Deepmala Devi W/o Manjay Yadav R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.- Saran, Bihar ... ... Appellant/s Versus 1. The State of Bihar 2. Chinta Devi W/o Kamlesh Sah R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.- Saran, Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anuj Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 23-02-2026 Heard the parties. 2. The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short ‘the Act’) against the order dated 20.08.2025 passed by the learned Exclusive Special Judge, SC/ST Act, Saran, in A.B.P. No. 2834/2025 in connection with Ekma P.S. Case No. 259/2025 registered under Sections 126(2), 115(2), 118(1), 303(2), 352 and 351(2)/3(5) of the BNS and Sections 3(i)(r)(s)(w)/3(2)(va) of the SC/ST (POA) Act. 3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act. 4. Allegation against the appellants and other co-accused persons is to assault informant and others by using lathi, country- Patna High Court CR. APP (SJ) No.3797 of 2025(2) dt.23-02-2026 2/3 made pistol etc., where occurrence alleged to be arising out of land dispute and previous enmities. Informant claimed herself to be a member of Schedule Caste community. 5. Learned counsel appearing for the appellants submitted that present case was lodged in furtherance of Ekma P.S. Case No. 182 of 2021, which was primarily lodged in the background of land dispute. It is submitted that occurrence is free fight in nature, where both parties received injury and for the same set of occurrence appellant’s side also lodged a case which has been registered as Ekma P.S. Case No. 187 of 2021 before learned CJM, Chapra at Saran. It is submitted that appellants are ladies of clean antecedent and allegation qua physical assault is appearing very general and omnibus against them. They appears implicated only being female family members of the co-accused against whom specific allegation qua causing physical assault is available. It is also submitted that allegation qua abusing in caste name in public view not appears available. In support of his submission learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Hitesh Verma v. State of Uttarakhand, [(2020) 10 SCC 710]. 6. Learned Special P.P. duly assisted by learned counsel appearing on behalf of informant, while opposing the prayer of bail Patna High Court CR. APP (SJ) No.3797 of 2025(2) dt.23-02-2026 3/3 submitted that appellants being family members alleged to be actively involved during the occurrence. 7. In view of the aforesaid facts and circumstances, as mentioned above and by taking note of fact as allegation qua physical assault and of abuse in caste name not appears specific against these appellants, who are ladies of clean antecedent, accordingly, all above-named four appellants in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Saran/concerned Court, where the case is pending in connection with A.B.P. No. 2834/2025 in connection with Ekma P.S. Case No. 259/2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8. Accordingly, impugned order dated 20.08.2025 is hereby set aside/quashed. 9. Hence, appeal stands allowed. S.Tripathi/- (Chandra Shekhar Jha, J.) U T