IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4865 of 2021 Arising Out of PS. Case No.-187 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== SUDHIR KUMAR @ SUDHIR YADAV Son of Rajendra Yadav Resident of village - Pansuhi, P.S. - Dulhin Bazar, District - Patna. ... ... Appellant/s Versus 1 . THE STATE OF BIHAR 2. Chandrashekhar manjhi Bachan Manjhee R/O Village-Pansuhi, P.S.-Dulhin Bazar, District-Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jayram Sharma, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10 28-07-2025 Heard learned counsel for the parties. Despite valid service of notice, nobody a.ppears on behalf of respondent No. 2. 2. This appeal has been filed for setting aside order dated 31.07.2021 passed in a case registered for the offence punishable under sections 341, 323, 325 , 379, 354, 448 , 427, 504 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 of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per F.I.R. on 23.09.2020 at about 6 PM, all the accused persons including this appellant armed varioiusly came Patna High Court CR. APP (SJ) No.4865 of 2021(10) dt.28-07-2025 2/3 to the house of informant and abused him with caste name . It is further alleged that accused persons assaulted informant with lathi and danda as a result of which, his leg and backbone of informant got fractured. 4. It is submitted on behalf of this appellant that appellant is innocent and has committed no offence as alleged. Allegation of assault is general and omnibus. Injuries sustained by the injured are simple in nature. It is not the case of the informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out against this appellant. Appellant claims clean antecedent. 5 . Learned special Public Prosecutor for the State opposed the prayer for bail. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, 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) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/St, Act cum A.D.J.-III, Patna in connection with special Case No. 407 of 2020 arising out of Dulhin Bazar Police Station Case No. Patna High Court CR. APP (SJ) No.4865 of 2021(10) dt.28-07-2025 3/3 187 of 2020. Koushik/- (Prabhat Kumar Singh, J) U