IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3709 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- SAMASTIPUR MUFFASIL District- Samastipur ====================================================== 1. Md. Manjur Alam son of Abdul Ganni @ Md. Ganni Resident of Village- Lagunia Raghu Kanth (Bejhadih), Ps- Muffasil, Dist- Samastipur 2. Md. Sonu son of Abdul Ganni @ Md. Ganni Resident of Village- Lagunia Raghu Kanth (Bejhadih), Ps- Muffasil, Dist- Samastipur 3. Noori Khatoon wife of Abdul Ganni @ Md. Ganni Resident of Village- Lagunia Raghu Kanth (Bejhadih), Ps- Muffasil, Dist- Samastipur ... ... Appellant/s Versus 1. The State of Bihar 2. Mamta Devi wife of Raju Paswan Resident of Village- Lagunia Raghu Kanth (Bejhadih), Ps- Muffasil, Dist- Samastipur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Shubhesh Pandey, Advocate For the Respondent/s : Mrs.Usha Kumari 1, Spl.P.P. Mr. Ranjan Kumar, Adv.for Respondent -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 13-08-2026 Heard learned counsel for the appellants, learned Special P.P. for the State and learned counsel appearing on behalf of respondent no. 2. 2. This appeal has been filed against an order passed by learned Special Judge, SC/ST Act, Samastipur in connection with a case, registered under Sections 126(2), 115(2), 76, 303(2), 109, 352, 351(2), 3(5) of the B.N.S. and Section 3(1)(r) (s)(w), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”), whereby Patna High Court CR. APP (SJ) No.3709 of 2025(3) dt.13-08-2026 2/3 the prayer for anticipatory bail of appellants has been rejected. 3. As per the FIR, allegation against appellants is that they along with one co-accused 4-5 unknown persons abused informant with caste name and thereafter, assaulted her and other family members. They are also alleged to have torn cloths of informant and one Baby Devi, on account of which, they became naked and accused pesons also snatched gold ornaments from informant. 4. Learned counsel for the appellant submits that both parties are co-villagers and the occurrence took place on a spur of moment over a minor dispute. Case and counter case. Injuries are simple in nature. Rest of the allegation is ornamental in order to make the case grave. He further submits that it is not the case of the informant that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out. 5. Learned counsel for respondent no. 2 vehemently opposes the appeal. 6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this criminal appeal is allowed. 7. Let the appellants, as named above, in the event Patna High Court CR. APP (SJ) No.3709 of 2025(3) dt.13-08-2026 3/3 of arrest or surrender within a period of eight weeks from today, 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 Special Judge, SC/ST Act, Samastipur in connection with Muffasil P.S. Case No. 228 of 2025. anay (Prabhat Kumar Singh, J) U T