IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5384 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Pradeep Sah Son of Manager Sah Resident of village- Khalgaon, P.S.- Kateya, District.- Gopalganj ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Rajmati Devi Wife of Tufani Baitha Resident of Village- Khalgaon, P.S.- Kateya, Distt.- Gopalganj ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dewanand Tiwari, Adv. For the informant : Mr. Sushil Kumar, Adv. For the State : Mr.Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 27-03-2025 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 28.08.2024 passed by the learned Additional Session Judge-XI-cum-Exclusive Special Judge, SC/ST Act, Gopalganj in connection with Kateya P.S. Case No. 220 of 2024 dated 14.06.2024 registered for the alleged offences punishable under Sections 341, 323, 307, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(r)(s)(w)/ 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act. Patna High Court CR. APP (SJ) No.5384 of 2024(3) dt.27-03-2025 2/3 3. As per prosecution case, the appellant and the co- accused persons in conspiracy with each other taking liquor from U.P. came at the informant’s door and started abusing and thereafter, all the accused persons began assaulting her with lathi, danda and rod causing head injury and she was referred to Gopalganj. It is further alleged that the accused persons also assaulted her son Raju Baitha, Rajan Baitha, Bindu Baitha, Faudi Baitha with stone bricks and rod and farsa. The accused persons hurled abuse by using their caste name and assaulted the informant and her family members. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. There is delay of five days in lodging the F.I.R. without any explanation. There is case and counter case between the parties. As per the injury report of the injured, the injuries are simple in nature caused by hard and blunt substance. 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. The appellant has no concern with the alleged offence. The appellant is in custody since 29.07.2024. The appellant has clean antecedent as stated in para 3 of the bail petition. 5. Learned Special Public Prosecutor for the State as Patna High Court CR. APP (SJ) No.5384 of 2024(3) dt.27-03-2025 3/3 well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant. 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 28.08.2024 passed by the learned Additional Session Judge-XI-cum-Exclusive Special Judge, SC/ST Act, Gopalganj in connection with Kateya P.S. Case No. 220 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 Additional Session Judge- XI-cum-Exclusive Special Judge, SC/ST Act, Gopalganj in connection with Kateya P.S. Case No. 220 of 2024. Gautam/- (Chandra Prakash Singh, J) U T