IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4043 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- SC/ST District- East Champaran ====================================================== 1 . Shamsul Haque @ Samsul Mian @ Md. Shamasul Hak Son of Late Bhukhal Mian @ Bhukhal Miya @ Gulam Mian @ Gugal Mian Village- Chandanbara P. S - Dhaka District- East Champaran P/A- Agarwa, Ps- Town Motihari, Dist- East champaran 2. Parvej Alam @ Parwej Alam Son of Shamsul Haque @ Samsul Mian @ Md. Shamshul Hak Village- Chandanbara P. S - Dhaka District- East Champaran P/A- Agarwa, Ps- Town Motihari, Dist- East champaran 3 . Tabrez Alam @ Md. Tabrej Alam Son of Shamsul Haque @ Samsul Mian @ Md. Shamasul Hak Village- Chandanbara P. S - Dhaka District- East Champaran P/A- Agarwa, Ps- Town Motihari, Dist- East champaran ... ... Appellant/s Versus 1. The State of Bihar bihar 2. Ram Kishore Ram Son of Vasudev Ram Village- Narauni tola, Po- Parshurampur, Ps- Pipra, Dist- East Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pramod Yadav, Advocate For the Respondent/s : None For informant : Mr. Ranjan Kumar , Advocate Mr. Md. Asif Kalim , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 28-07-2025 Heard learned counsel for these appellants and learned counsel for the respondent No. 2. Nobody appears on behalf of State . 2. This appeal has been filed for setting aside order dated 02.08.2024 , passed in a case registered for the offence punishable under sections 341, 323, 504, 379, 506 and 34 and other allied sections of the Indian Penal Code and sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention Patna High Court CR. APP (SJ) No.4043 of 2024(4) dt.28-07-2025 2/3 of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . The prosecution case in brief, is that informant namely Ram Kishore Ram, used to work in the chicken shop of Parvej Alam and after sometime, he started working in other shop . On 05.06.2024 , at about 6 PM, all the accused persons including these appellants along with 4-5 unknown accused persons came and abused informant by caste name and upon protest, accused persons assaulted informant with slap , fist and belt. It is further alleged that accused persons also snatched Rs. 5,000/- and watched from informant and threatened him with dire consequences. 4. It is submitted on behalf of these appellants that appellants are innocent and have committed no offence as alleged. F.I.R., as been lodged after the delay of 17 days for which there is no plausible explanation which itself creates doubt over the entire prosecution case . Moreover, both the parties are shopkeepers and due to petty dispute with regard to day to day business, a scuffle took place in between the parties and taking advantage of the same , this false and concocted case has been lodged against these appellants. Allegation is general and omnibus. Rest of the allegation is ornamental in nature . It is Patna High Court CR. APP (SJ) No.4043 of 2024(4) dt.28-07-2025 3/3 not the case of informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. Appellants claim clean antecedent. 5 . Learned counsel for the respondent No. 2 opposed the bail appeal. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned special Judge SC/St, Act, East Champaran Motihari in connection with in ABP No. 3203 of 2024 in Motihari SC & ST Police Station Case No. 44 of 2024 . Koushik/- (Prabhat Kumar Singh, J) U T