IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4367 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Mukesh Sao @ Mukesh Saw @ Mukesh Kumar Sao Son of Tulshi Saw @ Tulshi Sao Resident of village- Tirkha, P.S.- Magadh University, Dist.- Gaya. ... ... Appellant/s Versus 1. The State Of Bihar Patna 2. Arun Chaudhary Son of Munni Lal Chaudhary Resident of village- Tirkha, P.S.- Magadh University, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anil Kumar Saxena, Adv. For the informant : Mr. Sanjay Kumar Sharma, Adv. Mr. Amar Nath, Adv. For the Respondent/s : Mr.Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 20-02-2025 Heard learned counsel for the appellant, learned counsel for the informant and learned Spl. P.P. for the State. 2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer of bail of the appellant vide order dated 16.08.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with BP No. 2489/24 arising out of Magadh University P.S. Case No. 92 of 2024 dated 12.05.2024 registered for the alleged offences punishable under Sections 448, 341, 323, 325, 307, 354, 504, 506 read with Section 34 of the Indian Penal Code and Sections Patna High Court CR. APP (SJ) No.4367 of 2024(3) dt.20-02-2025 2/3 3(i)(r), 3(i)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (PoA) Act. 3. As per prosecution case, on 30.04.2024, the appellant and the co-accused persons armed with iron rod, spades and lathi came to the door of the informant’s house and started abusing by calling his caste name. It is further alleged that the accused persons forcibly entered into the house and assaulted the wife and daughter of the informant and outraged their modesty. When the informant’s son came to rescue then the accused persons assaulted him with deadly weapons due to which he sustained injuries. Thereafter, the injured was taken to the hospital. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. There is no specific allegation against the appellant. Learned counsel has further submitted that there is a case and counter case between the parties. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. As per the injury report of the injured, the injuries are simple in nature. The appellant is in custody since 17.07.2024. The appellant has clean antecedent as Patna High Court CR. APP (SJ) No.4367 of 2024(3) dt.20-02-2025 3/3 stated in para 3 of the bail petition. 5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant. Learned counsel has further submitted that the injured sustained injury which is on vital part of the body. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contenion of the learned counel for the appellant, the impugned order dated 16.08.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with BP No. 2489/24 arising out of Magadh University P.S. Case No. 92 of 2024, is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Magadh University P.S. Case No. 92 of 2024. Gautam/- (Chandra Prakash Singh, J) U T