IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3108 of 2025 Arising Out of PS. Case No.-248 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1. Mithilesh Kumar S/O Ramjee Yadav R/O Vill. - Abgil Rampur, P.S. - Mednichowki, Dist.- Lakhisarai 2. Mukesh Kumar S/o Ramjee Yadav R/O Vill. - Abgil Rampur, P.S. - Mednichowki, Dist.- Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar BIHAR 2. Murari Rajak S/O Late Kamleshwar Rajak R/O Vill. - Abgil Rampur, P.S. - Mednichowki, Dist.- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Umesh Prasad, Advocate For the Respondent/s : Ms..Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 03-04-2026 Heard learned counsel for the appellants, the learned Spl. P.P. for the State. 2. No one appears for respondent no. 2, despite valid service of notice to respondent no. 2. 3. This appeal is preferred against the order dated 07.07.2025 passed by the learned District and Additional Sessions Judge -1st -cum- Special Judge, SC/ST Act, Lakhisarai in ABP No. 631 of 2025 arising out of Mednichowki P.S. Case No. 248 of 2024 registered for the offence under Sections 126(2), 191(2), 191(3), 115(2), 352 and 351(1) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(i)(r), 3(i)(s) and 3(2) Patna High Court CR. APP (SJ) No.3108 of 2025(4) dt.03-04-2026 2/3 (va) of the SC/ST (POA) Act, by which the prayer of the appellants for anticipatory bail was rejected. 4. As per the prosecution case, the appellants are accused of assaulting and abusing the victim and his family members by taking caste name. 5. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore the application of the anticipatory bail is maintainable. He further submits for a trivial dispute, the occurrence has taken place. There is no specific allegation against the appellants. 6. Learned counsel for the State has vehemently opposed the prayer of the appellants. 7. I have heard and considered the submissions of the parties. From the reading of the entire FIR, it does not appear that the offence has been committed against the informant and his family members on the ground that they are a member of SC/ST community and the same appears to be a mala fide prosecution. 8. In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail is held to be Patna High Court CR. APP (SJ) No.3108 of 2025(4) dt.03-04-2026 3/3 maintainable. 9. Though the appellants are accused of causing injury to the victims but from the perusal of the materials available on record, no injury has been found on the body of the victims. 10. Considering the aforesaid facts and circumstances of the case, this appeal stands allowed. Accordingly, the order dated 07.07.2025 passed by the learned District and Additional Sessions Judge -1st -cum- Special Judge, SC/ST Act, Lakhisarai in ABP No. 631 of 2025 arising out of Mednichowki P.S. Case No. 248 of 2024 is hereby set aside. 11. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-I-cum- Special Judge, SC/ST Act, Lakhisarai/concerned Court below in connection with Mednichowki P.S. Case No. 248 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS. tusharika/- (Sandeep Kumar, J) U T