IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4678 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- SC/ST District- Lakhisarai ====================================================== 1. Kesho Yadav S/o- Late Mauji Yadav S/o- Pratappur P.s- Halsi District- Lakhisarai 2. Arun Kumar @ Arun Yadav S/o- Prabhu Yadav S/o- Pratappur P.s- Halsi District- Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar 2. Bhagat Paswan @ Bharat Paswan S/o- Late Nikhedi Paswan R/v- Pratappur Ps- Halsi Dist- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Mayank Bilochan For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 22-06-2026 Heard the parties. 2. Both appellants have preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short ‘the Act’) against the order dated 07.11.2025 passed by the learned District and Additional Sessions Judge-1st-cum-Special Judge SC/ST Act, Lakhisarai, in A.B.P. No. 1113/2025 in connection with Lakhisarai SC/ST P.S. Case No. 22/2025 registered under Sections 126(2), 115, 352, 351(2) and 3(5) of the BNS and Sections 3(1)(s), 3(1)(r), 3(2)(va) of the SC/ST (POA) Act. 3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act. Patna High Court CR. APP (SJ) No.4678 of 2025(4) dt.22-06-2026 2/3 4. Despite service of notice to respondent no. 2, informant failed to join the present Court proceedings. 5. As per FIR, on 28.07.2025 while appellants were ploughing field with tractor, informant was alleged to be abused by appellants and others and when same was objected by the informant, he was assaulted by lathi, rod etc., causing fracture on his right leg. It is also alleged that the informant was abused by his caste name by appellants. 6. Learned counsel appearing for the appellants submitted that present occurrence took place due to trivial issues i.e., regarding ploughing of field by using tractor. It is also pointed out that FIR in issue was lodged with the delay of 8 days and there is no injury report as alleged appears available on record. It is also submitted that occurrence was not taken place due to atrocities as defined within the meaning of the act and moreover, allegation qua abusing caste name in public view not appears available. In support of his submission learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Hitesh Verma v. State of Uttarakhand, [(2020) 10 SCC 710]. Appellants are men of clean antecedent. 7. Learned Special P.P., while opposing the prayer of bail submitted that informant was badly assaulted during the Patna High Court CR. APP (SJ) No.4678 of 2025(4) dt.22-06-2026 3/3 occurrence and as per FIR right leg of informant was fractured. 8. In view of aforesaid facts and circumstances and by taking note of the fact as occurrence prima-facie not appears taken place due to atrocities as defined within the meaning of the act rather for the use of tractor of appellants by informant for ploughing purpose, accordingly, both above-named appellants in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge- 1-cum-Special Judge SC/ST Act, Lakhisarai/concerned Court, where the case is pending in connection with A.B.P. No. 1113/2025 in connection with Lakhisarai SC/ST P.S. Case No. 22/2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 9. Accordingly, impugned order dated 07.11.2025 is hereby set aside/quashed. 10. Hence, appeal stands allowed. S.Tripathi/- (Chandra Shekhar Jha, J) U T