IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.56 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- BHAGWANGANJ District- Patna ====================================================== 1. Upendra Kumar @ Upendra Bind Son Of Vineshar Vind @ Videshwar Vind Resident Of Village - Bihta, P.S. - Bhagwanganj, District - Patna 2. Brajanand Bind Son Of Vineshar Vind @ Videshwar Vind Resident Of Village - Bihta, P.S. - Bhagwanganj, District - Patna 3. Surendra Bind @ Suhendra Bind Son Of Vineshar Vind @ Videshwar Vind Resident Of Village - Bihta, P.S. - Bhagwanganj, District - Patna 4. Raj Kishore Bind Son Of Brajanand Bind Resident Of Village - Bihta, P.S. - Bhagwanganj, District - Patna 5. Suday Kumar @ Suday Bind Son Of Nandi Bind Resident Of Village - Bihta, P.S. - Bhagwanganj, District - Patna 6. Munna Kumar Son Of Upendra Kumar @ Upendra Bind Resident Of Village - Bihta, P.S. - Bhagwanganj, District - Patna ... ... Appellant/s Versus 1 . The state of bihar 2. Shanti devi wife of bijay chaudhary resident of village - bihta, p.s. - bhawaganj, district - patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 10-07-2025 Heard learned counsel for the parties. Despite valid serviced of notice , nobody appears on behalf of respondent No. 2. 2. This appeal has been filed for setting aside order dated 28.11.2023 passed in a case registered for the offence punishable under sections 341, 323, 354 ( B ), 504, 506 and 34 and other allied sections of the Indian Penal Code and sections Patna High Court CR. APP (SJ) No.56 of 2024(4) dt.10-07-2025 2/3 3(i)(r)(s) (W) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , on 02.09.2023 , all the accused persons surrounded, son of informant Shanti devi and abused him by caste name . Thereafter, accused persons came at the house of informant and abused informant and her family members and assaulted her son and when informant intervened, then accused persons dragged her by hair, assaulted and also outraged her modesty . 4. It is submitted that due to petty dispute between the parties, a simple occurrence of maarpeet took place in between the parties. Case and counter case . Rest of the allegation are ornamental in nature . All sections are bailable except sections of SC / ST Act. Injuries are simple . It is not the case of the informant that any member of public was present at the time of incident and as such , no case under SC / ST Act is made out against these appellants. Appellants claim clean antecedent. 5 . Learned special Public Prosecutor for the State opposed the bail appeal. 6. Considering the aforesaid facts, this appeal is Patna High Court CR. APP (SJ) No.56 of 2024(4) dt.10-07-2025 3/3 allowed and the impugned order is set aside. 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 the learned spl. Judge SC / ST in connection with Bhagwanganj Police Station Case No. 122 of 2023 . Koushik/- (Prabhat Kumar Singh, J) U T