IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3358 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1. Munna Singh @ Munna @ Abhay Singh @ Abhay Kumar Singh S/o Paramhansh Singh R/o Vill- Budhasi, P.S- Mohammadpur, Dis- Gopalganj 2. Hemant Kumar Singh @ Hem Kumar @ Tunna Singh S/o Paramhansh Singh R/o Vill- Budhasi, P.S- Mohammadpur, Dis- Gopalganj 3. Bittu Kumar Singh @ Chandrabhan Singh S/o Munna Singh @ Munna @ Abhay Singh R/o Vill- Budhasi, P.S- Mohammadpur, Dis- Gopalganj 4. Somdatt Singh @ Chhotu Singh @ Sundar Kumar S/o Munna Singh @ Munna @ Abhay Singh R/o Vill- Budhasi, P.S- Mohammadpur, Dis- Gopalganj ... ... Appellant/s Versus 1. The State of Bihar 2. Choukidar 3/5 Pradeep Kumar S/o Late Suraman Manjhi R/o vill - Budhasi, P.S.- Mohammadhpur, Distt.- Gopalganj ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jeetendra Narayan, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 09-10-2025 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State. Learned SPP submits that despite information being given to the informant regarding institution of this case, none appears on his behalf. 2. The instant appeal has been filed by the appellants against the order dated 21.07.2025 passed by learned District and Sessions Judge-XI-cum-Exclusive Special Judge, SC/St (PoA) Act, Gopalganj whereby the prayer for bail of the Patna High Court CR. APP (SJ) No.3358 of 2025(3) dt.09-10-2025 2/3 appellants in connection with Mohammadpur PS Case No. 94 of 2025 instituted under Sections 191(2), 190, 221, 223, 263, 126(2), 127(2), 115(2), 109, 121(1), 121(2), 132, 324(4), 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i) (r)(s) & 3(2)(va) of SC/ST Act was rejected. 3. The prosecution case, in short, is that on 02.06.2025, during a midnight raid to execute non-bailable warrants, police arrested Munna Singh (Appellant No.1) and Bittu Kumar Singh (Appellant No.3) from their house. The accused allegedly abused the informant using caste-based slurs, called others, and attacked the police, injuring several officers and damaged the police vehicle. 4. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellants submits that there is no specific allegation of assault upon the appellants, rather the same is general and omnibus in nature. Even if the allegation is taken on its face value, the injury is found to be simple in nature. Learned counsel for the appellants further submits that the appellants have not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Patna High Court CR. APP (SJ) No.3358 of 2025(3) dt.09-10-2025 3/3 Act is made out against them. The appellants have no intention to disgrace the image of the informant in public view. The appellants are in custody since 03.06.2025 and have no criminal antecedent. 5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellants. 6. Considering the aforesaid facts and circumstances of the case, injury being found to be simple in nature and the period of custody undergone by the appellants, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 21.07.2025 passed by District and Sessions Judge-XI-cum-Exclusive Special Judge, SC/St (PoA) Act, Gopalganj is hereby set aside. 7. Let the appellants be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohammadpur PS Case No. 94 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T