IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4565 of 2023 Arising Out of PS. Case No.-814 Year-2023 Thana- DANAPUR District- Patna ====================================================== 1. Indrajeet Kumar Son Of Uday Singh Resident Of Gajadharchak, Ps- Khagaul Dist -Patna Cum Jhunjhun Wala Road, Ps- Danapur, Distt- Patna 2. Golu Kumar @ Sameer Kumar Son Of Ramesh Kumar Resident Of Village- Jhunjhun Wala Road, Ps- Danapur, Dist- Patna 3. Rohit Kumar Son Of Raju Kumar Resident Of Village- Jhunjhun Wala Road, Ps- Danapur, Dist- Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Rahul kumar son of raj kumar chaudhary resident of village- jhunjhun wala road, ps- danapur, dist- patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Madhav Raj, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 29-04-2025 Heard Mr. Madhav Raj, learned counsel for the appellants and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State. 2. Learned Spl.P.P. has informed this Court the he informed the respondent no. 2 through the Senior Superintendent of Police, Patna on 16.04.2025 but despite of that no one appeared on behalf of the respondent no. 2. 3. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 02.09.2023 passed by the learned Special Court, SC/ST Act, Patna in ABP No. 7083 of 2023 in connection with Danapur P.S. Case Patna High Court CR. APP (SJ) No.4565 of 2023(4) dt.29-04-2025 2/4 No. 814 of 2023, F.I.R. dated 16.06.2023 registered under Sections 341, 323, 354B, 448, 504 and 34 of the Indian Penal Code and Sections 3 (i) (r) (s) (w), 3(2) (va) of the Scheduled Castes and Scheduled Tribes Act. 4. According to the prosecution case, all these appellants over a petty dispute, assaulted the respondent no. 2 and his family members and also abused them by taking their caste name. They even assaulted the informant by means of various weapons. 5. Learned counsel for the appellants submits that appellants have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the appellants have not committed any offence as alleged in the F.I.R. He further submits that the present case is counter blast of Danapur P.S. Case No. 768 of 2023 filed by the appellant no. 3 against the informant and his family member on 07.06.2023 and the present F.I.R. has been instituted on 16.06.2023. From perusal of the F.I.R., it appears that the date of occurrence is 06.06.2023 but the present F.I.R has been instituted on 16.06.2023 i.e., after delay of ten days without giving any explanation of the said delay. Apart from that it appears that there is no specific allegation of assault or over act against these appellants and as far as the using Patna High Court CR. APP (SJ) No.4565 of 2023(4) dt.29-04-2025 3/4 the abusive words is concerned, the occurrence took place in the house of the respondent no. 2 which is not the public place, so no case is made out under the SC/ST Act against these appellants. 6. Learned counsel appearing on behalf of the Respondent No. 2 as well as learned Special Public Prosecutor for the State have vehemently opposed the prayer for bail of the appellants and submits that the appellants are named in the F.I.R and with the common intention, they have assaulted the respondent no. 2 and his family members. 7. After hearing the parties, in my view for the purpose of this anticipatory bail, no offence under the provisions of Scheduled Castes and Scheduled Tribes Act is made out. 8. Hence, considering the aforesaid facts, the appellants have clean antecedent and there is no specific allegation of assault against them in the F.I.R., let the appellants, above named, in the event of their arrest to surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two surities of the like amount each to the satisfaction of learned Exclusive Special Court SC/ST Act, Patna in connection with Danapur P.S. Case No. 814 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Patna High Court CR. APP (SJ) No.4565 of 2023(4) dt.29-04-2025 4/4 Nagarik Suraksha Sanhita, 2023 and with other following conditions:- i. Appellants shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the appellants tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the appellants and in case at any stage it is found that the appellants have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the appellants. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 8. Accordingly, the impugned order is set aside and this appeal stands allowed. Jyoti Kumari/- (Rajesh Kumar Verma, J) U T