IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5246 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- NADI P.S. District- Patna ====================================================== 1. Rina Devi W/o Pintu Sao R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna 2. Suresh Sao S/o Vijay Sao R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna 3. Pintu Sao S/o Pradeep Kr. Sao @ Suresh Sao R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna 4. Anistha Kumar @ Anishta Kumar S/o Suresh Sao R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna 5. Rajan Kumar S/o Suresh Sao R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna 6. Golu Kumar S/o Suresh Sao R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Horil Paswan S/o Late Harangi Paswan R/o Fateh Jung Pur, P.S. - Nadi, Distt.- Patna ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Tilak Sao, Advocate For the State : Ms. Usha Kumari 1, Spl.PP For Respondent No. 2 : N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 07-03-2025 Heard learned counsels for the parties. 2. Despite filing Vakalatnama, no one appears on behalf of the informant/Respondent No. 2. 3. This appeal has been filed for setting aside order dated 25.10.2024, passed in a case registered for the offence punishable under Sections 126(2), 115(2), 352, 351(2), 351(3) and 3(5) of the B.N.S. and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Patna High Court CR. APP (SJ) No.5246 of 2024(3) dt.07-03-2025 2/3 Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. 4. The prosecution case, in brief, is that on 05.09.2024 at about 9 AM, when the informant went to enquire about the margin of land he left for road, these appellants started abusing him by caste name and assaulted him. 5. It is submitted by learned counsel appearing on behalf of the appellants that appellants are innocent and has falsely been implicated in this case. As a matter of fact, on account of land dispute over path way, a simple maar-peet took place between the parties in which both sides sustained injuries. There is case and counter-case between the parties. Allegation of assault is general and omnibus. Moreover, it is not the case of the prosecution that any member of public was present at the time of incidence and as such, no case under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out. Appellants claim clean antecedents. 6. On the other hand, learned S.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of bail to these appellants. 7. Considering the aforesaid facts and circumstances of the case, this appeal is allowed and the impugned order dated Patna High Court CR. APP (SJ) No.5246 of 2024(3) dt.07-03-2025 3/3 25.10.2024 passed by the Court of learned Exclusive Special Court, Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Patna in connection with A.B.P. No. 4101 of 2024 arising out of Nadi P.S. Case No. 283 of 2024 is hereby set aside with respect to these appellants only. 8. Accordingly, let the appellants, 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) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, S.C./S.T. (Prevention of Atrocities) Act, Patna in connection with Nadi P.S. Case No. 283 of 2024. shashank/- (Prabhat Kumar Singh, J) U T