IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.25 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- SALIMPUR District- Patna ====================================================== 1. Manoj Kumar Singh @ Manoj Singh S/o Kamta Singh R/o village-Saidpur, P.S-Salimpur, District-Patna 2. Bittu Singh @ Bittu Kumar S/o Arjun Singh R/o village-Saidpur, P.S- Salimpur, District-Patna 3. Arjun Singh S/o Bhola Singh R/o village-Saidpur, P.S-Salimpur, District- Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Ghanshyam Paswan S/o Jalesh Paswan R/o village-Saidpur, P.S-Salimpur, District-Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 31-01-2025 None appears on behalf of the respondent No. 2. 2. At the outset, learned counsel for the appellants seeks permission to withdraw this anticipatory bail appeal with regard to appellant Nos. 1 & 3. 3. Permission is granted. 4. The anticipatory bail appeal with regard to appellant Nos. 1 & 3 is, accordingly, dismissed as withdrawn. 5. Heard learned counsel for the appellants and State. 6. This appeal has been filed against the order dated 10.11.2023 passed by learned Exclusive Special Court, SC/ST Act, Patna in connection with Salimpur P.S. Case No. 179 of Patna High Court CR. APP (SJ) No.25 of 2024(4) dt.31-01-2025 2/3 2023, registered under Sections 341, 323, 504/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)(s)/ 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant No. 2 has been rejected. 7. As per prosecution case, on 10.08.2023 at about 9:00 AM, when informant went to see his land, in the meantime, all the F.I.R. named accused persons including this appellant started abusing informant by taking his caste name and also assaulted him with iron rod as a result of which he sustained injuries on head and hand. It is further alleged that all the accused persons fired from pistol upon the informant. 8. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Allegation of assault is general and omnibus and there is no allegation of specific overt act against appellant. No one sustained any firearms injury. It is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out. 9. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 10. Considering the aforesaid facts, let the appellant Patna High Court CR. APP (SJ) No.25 of 2024(4) dt.31-01-2025 3/3 No. 2, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Court, SC/ST Act, Patna in connection with Salimpur P.S. Case No. 179 of 2023. 11. Accordingly, this criminal appeal is allowed and impugned order dated 10.11.2023 is set aside with respect to the appellant No. 2 only. Navya/- (Prabhat Kumar Singh, J) U T