IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4120 of 2023 Arising Out of PS. Case No.-1133 Year-2022 Thana- BIHTA District- Patna ====================================================== 1. AKASH KUMAR @ AAKASH KUMAR SRI RANDHIR KUMAR R/V- PHULCHANDCHAK, P.S- NAUBATPUR, DISTT.- PATNA. 2. KALLU KUMAR @ VISHAL @ VISHAL KUMAR S/O SRI RANDHIR KUMAR R/V- PHULCHANDCHAK, P.S- NAUBATPUR, DISTT.- PATNA. 3. VIKASH KUMAR S/O SRI NAGESHWAR YADAV R/V- GHANSHYAMPUR, P.S- NAUBATPUR, DISTT.- PATNA. 4. NAGESHWAR YADAV @ NAGESHWAR PRASAD S/O LATE RAM ISHWAR RAI R/V- GHANSHYAMPUR, P.S- NAUBATPUR, DISTT.- PATNA. ... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vijay Kumar Sinha For the Respondent/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 08-01-2025 1. Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. An order, dated 17.07.2023, passed by learned Exclusive Special Court SC/ST Act, Patna, in ABP No. 3590 of 2023, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Bihta Police Station Case No. 1133 of 2022 registered for the offence punishable under Sections Patna High Court CR. APP (SJ) No.4120 of 2023(5) dt.08-01-2025 2/4 341/323/307/452/354(C)/354(d)/504/506/34 of the Indian Penal Code and Section 3 (1)(r)(s)/2(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected. 3. The prosecution case, as per the First Information Report, is that on 24.10.2022, at about 08:00 PM in the night, three persons came on motorcycle at a shop situated in the house of informant and took cigarette and gutka without making payment. While, daughter, daughter-in-law, niece, gotani of the informant were making rangoli, the appellants, alongwith other co-accused persons, started making video of the ladies. When Sumit Kumar protested, the appellants and other accused persons abused him by caste name. Again on 25.10.2022, the appellants and other accused persons on four motorcycles, armed with pistol, lathi, iron-rod, etc., arrived at the house of the informant and abused her and her family members with butt of the pistol and iron-rod. It has further been alleged that on 27.10.2022 also the appellants and total 10 to 12 unknown persons again came with iron-rod, pistol, lathi, etc., and after entering into the house of the informant, the co-accused Subham Kumar @ Shivam abused informant Patna High Court CR. APP (SJ) No.4120 of 2023(5) dt.08-01-2025 3/4 and others by caste name and also assaulted her and her family members and threatened to kidnap lady members of the family. 4. Learned counsel for the appellants submits that both the parties are residing in the same locality and allegation against them is based on concocted story due to local politics. He further submits that caste name was not taken by the appellants and other accused persons in full public view and injuries caused to two victims are simple in nature. He next submits that both the parties have entered into compromise and cordial relation has prevailed between them. The intention of the appellants was not to humiliate the informant and her family members. 5. Learned Special Public Prosecutor submits that pursuant to the order, dated 18.10.2023, information has already been given to the respondent no. 2. Despite information having been given, no one appears on behalf of the respondent no. 2. Learned counsel further argued that there is specific allegation against the appellants and others of abusing and assaulting the informant and her family members. Patna High Court CR. APP (SJ) No.4120 of 2023(5) dt.08-01-2025 4/4 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are residing in the same locality and injuries caused to the victims are simple in nature, I am inclined to grant the appellants privilege of anticipatory bail. 7. This appeal is, accordingly, allowed and the order, dated 17.07.2023, passed by learned Exclusive Special Court SC/ST Act, Patna, in ABP No. 3590 of 2023, is set aside. 8. Let the appellant, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 learned Exclusive Special Court SC/ST Act, Patna, in connection with Bihta Police Station Case No. 1133 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T