IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2928 of 2024 Arising Out of PS. Case No.-985 Year-2022 Thana- SIMRAHA District- Araria ====================================================== 1. Nazam @ Nizam S/O Walad R/o Village-Tharia Bakia, ward no. 10,Doria sonepur, PS- Araria, Distt-Araria 2. Md. Azim @ Azim S/O Md. Alauddin R/o Village-Tharia Bakia, ward no. 10,Doria sonepur, PS- Araria, Distt-Araria 3. Sayara @ Shayda Khatoon W/O Ashab R/o Village-Tharia Bakia, ward no. 10,Doria sonepur, PS- Araria, Distt-Araria 4. Najmin D/O Kabiruddin @ Kabir @ Kabirudfin R/o Village-Tharia Bakia, Forbesganj,PS- Araria, Distt-Araria ... ... Appellant/s Versus 1. The State of Bihar 2. Fudani Devi W/O Jagdish Rishideo R/O Village-Manikpur,ward no.8,P.S.- simraha, Distt-araria ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 17-04-2025 Despite valid service of notice, 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 04.01.2024 passed by learned Additional Sessions Judge-I-cum- Special Judge, SC/ST, Araria in connection with Simraha P.S. Case No. 985 of 2022, registered under Sections 341, 323, 324, 354, 379, 504, 506 of the Indian Penal Code and Section 3(i)(r) Patna High Court CR. APP (SJ) No.2928 of 2024(4) dt.17-04-2025 2/3 (s) of Scheduled Castes and Scheduled Tribes (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 assaulted informant and others and also abused them by caste name. It is further alleged that they also snatched silver chain from the neck of the informant. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Allegation against the appellant is general and omnibus and there is no specific allegation against them. No motive is assigned as to why these appellants committed the alleged offence. As a matter of fact, there is land dispute between the parties. Injuries allegedly caused by these appellants are simple in nature. Rest of the allegations are ornamental. 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 Patna High Court CR. APP (SJ) No.2928 of 2024(4) dt.17-04-2025 3/3 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 Additional Sessions Judge-I-cum-Special Judge, SC/ST, Araria in connection with Simraha P.S. Case No. 985 of 2022. 8. Accordingly, this criminal appeal is allowed and impugned order dated 04.01.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T