IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5696 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== Dingra Kumar @ Pikku Kumar @ Pinku Kumar S/O Mithlesh Mahto @ Mithlesh Prasad R/O Vill.- Shekha Bigha, P.S.- Buniyadganj, Dist.- Gaya. ... ... Appellant/s Versus 1. The State of Bihar Patna 2. Shailesh Paswan @ Shailesh Kumar S/O Dhurkheri Paswan R/O Vill.- Kamalpur, P.S.- Chakand, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar Sharma For the Respondent/s : Mr.Usha Kumari 1 For the Informant : Mr. Ashutosh kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 17-04-2025 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 01.10.2024 passed by the learned court of Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 2844/2024 arising out of Buniyadganj P.S. Case No.168/2024 dated 30.06.2024 registered for the offence/s punishable u/s 341, 323, 307, 504, 427, 506 read with Section 34 of the Indian Penal Code and Patna High Court CR. APP (SJ) No.5696 of 2024(4) dt.17-04-2025 2/3 Sections 3(1)(r)(s) of the SC/ST Act. 3. As per the prosecution case, the appellant and the co-accused persons came holding with khanti, rod, lathi and bricks and told the informant that you have become too arrogant, let us kill him today. In the meantime, the appellant and the co-accused persons abused the informant by calling caste name. Then my brother-in-law saved his life and ran away from there. Meanwhile, Mithlesh Mahato holding khanti, Dingra Kumar (petitioner) holding rod and other accused persons holding lathi-danda assaulted the informant on head, causing injury. Thereafter, the accused persons damaged the motorcycle of the informant and the co-accused Mithlesh Mahto snatched Rs. 5,500/- from the informant. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. There is a delay of two days in lodging the F.I.R. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. The appellant has one criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 14.08.2024. 5. Learned Spl. P.P. for the State as well as the learned Patna High Court CR. APP (SJ) No.5696 of 2024(4) dt.17-04-2025 3/3 counsel for the informant has vehemently opposed the prayer of bail. As per the injury report, the injury is grievous in nature. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 01.10.2024 passed by the learned court of Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 2844/2024 arising out of Buniyadganj P.S. Case No.168/2024 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 court of Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 2844/2024 arising out of Buniyadganj P.S. Case No.168/2024, with the condition:- (i). The appellant is 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 bail bonds of the appellant are liable to be cancelled. atul/- (Chandra Prakash Singh, J) U T