IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.327 of 2025 Arising Out of PS. Case No.-282 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== 1. Md. Rahish @ Md. Rahis @ Md. Rahid Son of Md. Nabbijan Resident of Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur 2. Md. Altaf @ Md. Aftab Son of Md. Rahish @ Md. Rahis @ Md. Rahid Resident of Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur 3. Md. Ramjan Son of Md. Rahish @ Md. Rahis @ Md. Rahid Resident of Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur 4. Jumaida Khatun Wife of Md. Rahish @ Md. Rahis @ Md. Rahid Resident of Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur ... ... Appellant/s Versus 1. The State of Bihar 2. Bindu Devi Wife of Biran Rajak Resident of Village- Kaparpura, P.S.- Kanti, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Krishna Kant Singh, Advocate For the State : Ms. Usha Kumari 1, Spl.PP For the Informant : Mr. Sunil Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 16-04-2026 Heard learned counsel appearing for the appellants, learned Special Public Prosecutor appearing for the respondent- State and learned counsel appearing for the informant/Respondent No. 2. 2. This appeal has been filed for setting aside order dated 05.12.2024 passed in a case registered for the offence punishable under Sections 341, 323, 308, 354B, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Patna High Court CR. APP (SJ) No.327 of 2025(5) dt.16-04-2026 2/4 Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 3. The prosecution case, on 04.06.2024 at about 8:15 AM, Appellant No. 3, namely Md. Ramjan, came at the door of informant and started misbehaving with daughter of informant. Upon protest, all these accused-appellants started abusing informant and her family members by caste based slurs and Appellant No. 3 assaulted on the head of informant with butt of revolved. It is further alleged that thereafter, all the accused persons assaulted informant with lathi and fist. 4. It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. Appellants have falsely been implicated in this case with ulterior motive. So far as Appellant Nos. 1, 2 and 4 are concerned, there is general and omnibus allegation of assault and abuse by caste name and no specific accusation of overt act has been alleged against them. It is further submitted that 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 and Scheduled Tribes (Prevention of Atrocities) Act is made out against these Patna High Court CR. APP (SJ) No.327 of 2025(5) dt.16-04-2026 3/4 appellants. Appellants claim clean antecedents. 5. Learned Spl. P.P. appearing for the respondent-State and learned counsel appearing for the informant/Respondent No. 2 have vehemently opposed the prayer for grant of bail to the appellants and submitted that appellants are named in the F.I.R. and there is specific accusation that they assaulted informant, abused her with caste based slurs and also misbehaved with daughter of informant. Appellant No. 3, namely Md. Ramjan, assaulted on the head of informant with butt of pistol and doctor has found the said injury grievous in nature. 6. Considering the facts and circumstances of the case, specific and direct nature of accusation and nature of injuries allegedly caused by Appellant No. 3, Appellant No. 3’s prayer for grant of pre-arrest bail is rejected. 7. So far as Appellant Nos. 1, 2 and 4 are concerned, considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the appellants, prayer for grant of pre-arrest bail to Appellant Nos. 1, 2 and 4 is allowed and the impugned order dated 05.12.2024 passed by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with A.B.P. No. 3322 of 2024 arising Patna High Court CR. APP (SJ) No.327 of 2025(5) dt.16-04-2026 4/4 out of Kanti P.S. Case No. 282 of 2024 is hereby set aside with respect to Appellant Nos. 1, 2 and 4 only. 8. Accordingly, let the Appellant Nos. 1, 2 and 4, 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 Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Kanti P.S. Case No. 282 of 2024. 9. With the aforesaid directions, this appeal stands disposed of. shashank/- (Prabhat Kumar Singh, J) U T