IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5432 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- LAURIA District- West Champaran ====================================================== 1. Lalbabu Chaudhary Son of Late Bhikhari Chaudhary Resident of Village - Paras Dhangar Toli (Katari), Police Station - Lauriya, District - West Champaran 2. Raja Chaudhary Son of Harimohan Chaudhary @ Harimohan Mahto Resident of Village - Paras Dhangar Toli (Katari), Police Station - Lauriya, District - West Champaran ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Krishna Mahto Son of Late Vinod Dhangar Resident of Village - Parsha Dhangar Toli, Police Station - Lauriya, District - West Champaran ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 5406 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Suresh Yadav Son of Late Ramsurat Yadav Resident of Village - Parari, Police Station - Lauriya, District - West Champaran ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Krishna Mahto Son of Late Vinod Dhangar Resident of Village - Parsha, Dhangar Toli, Police Station - Lauriya, District - West Champaran ... ... Respondent/s ====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 5432 of 2024) For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv. Mr.Sarvesh Kashyap, Adv. Mr. Anant Kumar Mishra, Adv. For the Respondent/s : Mr. Sanjeev Srivastava, Adv. For the State Mr.Sadanand Paswan, Spl.PP (In CRIMINAL APPEAL (SJ) No. 5406 of 2024) For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv. Mr.Sarvesh Kashyap, Adv. Mr. Anant Kumar Mishra, Adv. For the Respondent/s : Mr. Sanjeev Srivastava, Adv. For the State Mr.Sadanand Paswan, Spl.PP ====================================================== Patna High Court CR. APP (SJ) No.5432 of 2024(5) dt.27-03-2025 2/5 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 5 27-03-2025 Heard learned counsel for the appellants, learned counsel for respondent no. 2 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 for bail of the appellants vide order dated 14.11.2024 by the learned District and Additional Sessions Judge-I-cum-Special Judge (SC/ST Act), Bettiah, West Champaran in connection with Lauriya P.S. Case No. 297 of 2024 dated 01.09.2024 registered for the alleged offences punishable under Section 103(1) read with Section 3(5) of the B.N.S. and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. As per prosecution case, the informant’s father was going to the place of Krishna Janmashtami Puja and due to previous enmity the co-accused, Bhim Yadav, Sikandar Yadav and five unknown accused persons stopped the informant’s father and assaulted him with lathi, danda and farsa and when the villagers of the informant came to stop the accused persons then the accused persons assasulted them. The informant further alleged that Bhim Yadav assaulted the informant’s father with Patna High Court CR. APP (SJ) No.5432 of 2024(5) dt.27-03-2025 3/5 lathi and injured him and the co-accused, Sikandar Yadav assaulted him with farsa on his head and due to which, the informant’s father received head injury. Thereafter, when the co- villagers came there then the accused persons fled away. The informant’s father was taken to the hospital and during the course of treatment he died. 4. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. The appellants are not named in the F.I.R. The name of the appellants has transpired in this case during the course of investigation. There is no specific allegation against the appellants rather the specific allegation of farsa blow is against the co-accused, Sikandar Yadav. It is further submitted that there is no allegation of abusing against the appellants and hence, no offence under provisions of SC/ST Act is made out against the appellants. Nothing has been recovered from the conscious possession of the appellants. It is further submitted that the appellants have no concern with the alleged offence. The appellants Lalbabu Choudhary and Raju Choudhary have one criminal antecedent as stated in para 3 of the bail petition whereas the appellant Suresh Yadav has three criminal antecedent as stated in para 3 of the bail petition. The appellant Patna High Court CR. APP (SJ) No.5432 of 2024(5) dt.27-03-2025 4/5 Lalbabu Choudhary is in custody since 25.09.2024 and the appellant Raja Choudhary is in custody since 05.10.2024. The appellant Suresh Yadav is in custody since 25.11.2024. 5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellants. Learned counsel has further submitted that in para 21, 22, 23 and 24, the name of the appellant has surfaced during the course of investigation and in the statement of the witnesses. As per the post-mortem report of the deceased, the cause of death is due to haemorrhage and shock. 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 appellants, the impugned order dated 14.11.2024 by the learned District and Additional Sessions Judge-I-cum-Special Judge (SC/ST Act), Bettiah, West Champaran in connection with Lauriya P.S. Case No. 297 of 2024, is set aside against the appellants. The criminal appeal is allowed. 7. Accordingly, the above named appellants, are directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of Patna High Court CR. APP (SJ) No.5432 of 2024(5) dt.27-03-2025 5/5 the like amount each to the satisfaction of the learned District and Additional Sessions Judge-I-cum-Special Judge (SC/ST Act), Bettiah, West Champaran in connection with Lauriya P.S. Case No. 297 of 2024 with the condition :- (i) The appellants are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bonds. Gautam/- (Chandra Prakash Singh, J) U T