IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3024 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- BANDEYA District- Aurangabad ====================================================== 1. Krishna Yadav S/o Jitnarayan Yadav R/o vill - Ghonta, P.S.- Bandeya, Distt. - Aurangabad 2. Kundan Yadav @ Kundan Kumar S/o Krishna Yadav R/o vill - Ghonta, P.S.- Bandeya, Distt. - Aurangabad 3. Usha Devi W/o Krishna Yadav R/o vill - Ghonta, P.S.- Bandeya, Distt. - Aurangabad ... ... Appellant/s Versus 1. The State of Bihar 2. Chandani Kumari D/o Surendra Paswan R/o vill - Ghonta, P.S.- Bandeya, Distt. - Aurangabad ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anil Kumar Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 15-05-2025 Heard learned counsel for the appellants and learned Spl. Public Prosecutor for the State. 2. This appeal has been filed against the order dated 30.05.2024 passed by learned Court of SC/ST (POA) Act cum Additional District & Sessions Judge- 1st, Aurangabad in connection with ABP No. 1051 of 2024 arising out of Bandeya P.S. Case No. 15 of 2024, registered under Sections 147, 148, 149, 323, 307, 354, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for Patna High Court CR. APP (SJ) No.3024 of 2024(4) dt.15-05-2025 2/3 anticipatory bail of appellants has been rejected. 3. As per prosecution case, on 26.03.2024 at about 7 PM, all the accused persons including these appellants were playing colours on the eve of Holi and in the meantime, it is alleged that the accused persons tried to molest cousin sister of the informant. Upon protest, the accused persons abused them by caste name and assaulted informant and her family members by means of lathi and threatened them with dire consequences. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. He next submits that on the festival of Holi, both parties were playing with colours during which quarrel took place. Case and counter case. Allegation of assault is general and omnibus and there is no specific allegation of overt act against appellants. 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 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, Patna High Court CR. APP (SJ) No.3024 of 2024(4) dt.15-05-2025 3/3 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 Court of SC/ST (POA) Act cum Additional District & Sessions Judge- 1st, Aurangabad in connection with Bandeya P.S. Case No. 15 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