IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.184 of 2024 Arising Out of PS. Case No.-424 Year-2023 Thana- MASAUDHI District- Patna ====================================================== PAPPU GIRI S/O LATE MADHO GIRI R/O VILLAGE- HAZRAT SAI, DHANARUA, P.S- DHANARUA, DISTT.- PATNA. ... ... Appellant/s Versus 1. THE STATE OF BIHAR 2. SANJIV KUMAR S/O LATE RAJESHWAR CHOUDHARY R/O VILLAGE- KASHMIRGANJ, P.S- MASAURHI, DISTT.- PATNA. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 31-01-2025 Heard learned counsel for the appellants and State. 2. This appeal has been filed against the order dated 30.09.2023 passed by learned Exclusive Special Court, SC/ST Act, Patna in connection with ABP No. 6526 of 2023 arising out of Masaurhi P.S. Case No. 424 of 2023 registered under 341, 323, 147, 149, 307, 504, 506 and 379 of the Indian Penal Code and sections 3(i)(r)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes whereby the prayer for anticipatory bail of the appellant has been rejected. 3. As per the prosecution case, on 19.06.2023, while the informant was going to his house, in the meantime this appellant along with other co-accused persons assaulted the Patna High Court CR. APP (SJ) No.184 of 2024(4) dt.31-01-2025 2/3 informant by means of iron rod and danda, as a result of which informant sustained head injury and they also abused the informant by caste name. 4. 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. Case and counter case. 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. Appellant claims clean antecedent. 5. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 6. Considering the aforesaid facts, let the appellant, 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 ABP No. 6526 of 2023 arising out of Masaurhi P.S. Case No. 424 of 2023. 7. Accordingly, this criminal appeal is allowed and impugned order dated 30.09.2023 is set aside with respect to the Patna High Court CR. APP (SJ) No.184 of 2024(4) dt.31-01-2025 3/3 appellant only. Navya/- (Prabhat Kumar Singh, J) U T