IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2648 of 2025 Arising Out of PS. Case No.-399 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== 1. Krishna Kant Tiwari @ Krishna Kant Son of Adinath Resident of Village- Chitaudi, Post Office- Saray Harakhu, Police Station- Teji Bazar, District- Jaunpur, State- Uttar Pradesh. 2. Indrasen Singh @ Indra Sen Son of Raj Bahadur Resident of Village- Birshadpur, House No. 82, Post Office- Tejibajar, Sarai Harkhu, Police Station- Teji Bazar, District-Jaunpur, State- Uttar Pradesh. ... ... Appellant/s Versus 1. The State of Bihar 2. Shyamdeo Paswan S/O Boudha Paswan R/O Vill.- Tekari, P.S.- Rafiganj, Dist.- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Santosh Kumar Singh For the Respondent/s : Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 13-08-2026 Heard learned counsel for the appellants and learned Special P.P. for of the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2. 2. This appeal has been filed against an order, passed by learned ADJ 1st cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad in a case registered under Sections 341, 323, 379, 420, 506, 427 read with Section 34 of the Indian Penal Code and Sections 3(i)(r)(s) & 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.2648 of 2025(5) dt.13-08-2026 2/3 3. Informant alleged that he was working as care- taker of the pond of one Ashok Kumar Singh and it is alleged that on 10.12.2021, all accused persons named in the F.I.R. including these appellants abused him with caste name, assaulted him with fists & slaps and also took away cash of Rs. 5,000/-. 4. Learned counsel for the appellants submits that appellants are innocent, committed no offence, as alleged in F.I.R., and have been falsely implicated in this case due to business rivalry. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these appellants. Rest of the allegations are super addition. 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. Appellants claims clean antecedent. 5. Learned Spl. Public Prosecutor for the State opposes the appeal. 6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this appeal is allowed. 7. Let the appellants, as named above, in the event of arrest or surrender within a period of eight weeks from today, be Patna High Court CR. APP (SJ) No.2648 of 2025(5) dt.13-08-2026 3/3 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 learned ADJ 1st cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad in connection with Rajiganj P.S. Case No. 399 of 2021. anay (Prabhat Kumar Singh, J) U T