IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3595 of 2024 Arising Out of PS. Case No.-851 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1. Satyendra Yadav S/o Pitambar Yadav R/o vill - Shibanapar, P.S. - Fatehpur, Distt. - Gaya 2. Pankaj Yadav @ Pankaj Kumar S/o Satendra Yadav R/o vill - Shibanapar, P.S. - Fatehpur, Distt. - Gaya 3. Badhiya Devi W/o Pitambar Yadav R/o vill - Shibanapar, P.S. - Fatehpur, Distt. - Gaya 4. Mithu Yadav @ Raj Kumar Yadav S/o Sadhu Yadav @ Bojoy Yadav R/o vill - Shibanapar, P.S. - Fatehpur, Distt. - Gaya 5. Gudi Kumari W/o Mithu Yadav R/o vill - Shibanapar, P.S. - Fatehpur, Distt. - Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Mahesh Manjhi S/o Late Ramswarup Manjhi R/o vill - Medanipur, P.S - Fatehpur, Distt. - Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate For the State : Mr. Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 03-09-2025 Heard learned counsel for the appellants and learned Special P.P. for the State. 2. The appellants are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 307, 504, and 506/34 of the Indian Penal Code read with Sections 3(i) (r) (s) of the SC/ST (POA) Act. 3. Learned counsel for the appellants submits that notice was issued upon respondent no.2 by order dated Patna High Court CR. APP (SJ) No.3595 of 2024(5) dt.03-09-2025 2/3 03.09.2024. It is next submitted that notice was received by the brother of respondent no.2 for which a jointness application has been filed. 4. In view of the submission made by learned counsel for the appellants, notice is deemed to be validly served. 5. It is next submitted by learned counsel for the appellants that appellants are persons with clean antecedent and have falsely been implicated in the instant case by the informant. It is also submitted that the informant despite receiving notice chooses not to appear and and contest. It is further submitted that from perusal of the FIR, it would manifest that the same was instituted seven days after the occurrence which casts an aspersion on the case of the prosecution. It is also submitted that had the injured been assaulted in the manner as alleged in the FIR, then definitely the doctor would have informed the police and the FIR would have been instituted at the PHC or the hospital, but the instant FIR has been instituted based on the written application of the informant. It is also submitted that the appellants will not abscond rather will cooperate in the investigation to prove their innocence. 6. The learned Special P.P. opposes the prayer for grant of anticipatory bail to the appellants. Patna High Court CR. APP (SJ) No.3595 of 2024(5) dt.03-09-2025 3/3 7. Considering the aforesaid facts, let appellants, above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where is case is pending/Successor Court in connection with Fatehpur P.S. Case No.851/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8. Accordingly, the impugned order is set aside and the appeal stands allowed. Sanjay/- (Satyavrat Verma, J) U T