IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5647 of 2024 Arising Out of PS. Case No.-334 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== Mukesh Sao S/O Dilip Sao R/O Vill.- Mahsoni, P.S.- Halsi, Dist.- Lakhisarai. ... ... Appellant/s Versus 1. The State of Bihar 2. Harkit Manjhi S/O Madan Manjhi R/O Vill.- Mahsoni, P.S.- Halsi, Dist.- Lakhisarai. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rabi Bhushan For the Respondent/s : Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 04-04-2025 1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. 2. An order, dated 03.12.2024, passed by learned Additional District and Sessions Judge-1-cum-Special Judge SC/ST, Lakhisarai, in RBA No. 1987 of 2024, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the regular bail application of the appellant in connection with Halsi Police Station Case No. 334 of 2024 registered for the offence punishable under Sections 115(2), 126(2), 351(2), 352, 74, 109, 3(5) of the BNS, 2023 and Section 3 (i)(r), 3(i)(s), 3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected. Patna High Court CR. APP (SJ) No.5647 of 2024(5) dt.04-04-2025 2/3 3. As per the FIR, on 31.10.2024, the appellant along with other accused persons assaulted the informant’s father by means of iron rod and khanti on his head and also assaulted the informant’s mother and molested her. 4. Learned counsel for the appellant submits that both the parties are co-villagers and there was previous enmity between them. There is no specific allegation against the appellant and the appellant has not called the informant and his family members by caste name. Referring to the injury report, learned counsel submits that the injury caused to the informant is simple in nature. He further submits that similarly situated co- accused persons, namely, Dilip Sao and Rakesh Sao @ Rakesh Kumar, have been granted anticipatory bail by this Court in Cr. Appeal (SJ) No. 497 of 2025. The petitioner is in custody since 02.11.2024. 5. Despite service of notice, no one appeared on behalf of the respondent no. 2. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the appellant is in custody since 02.11.2024, there is no allegation of calling the informant and his family members by caste name, similarly situated co-accused persons have been granted Patna High Court CR. APP (SJ) No.5647 of 2024(5) dt.04-04-2025 3/3 anticipatory bail by this Court and further the injury caused to the victim appears to be simple in nature, I am inclined to grant the appellant privilege of regular bail. 7. This appeal is, accordingly, allowed and the order, dated 03.12.2024, passed by learned Additional District and Sessions Judge-1-cum-Special Judge SC/ST, Lakhisarai, in RBA No. 1987 of 2024, is set aside. 8. Let the appellant, above named, be released 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 Additional District and Sessions Judge-1-cum-Special Judge SC/ST, Lakhisarai, in connection with Halsi Police Station Case No. 334 of 2024. ashwani/- (Anil Kumar Sinha, J) U T