IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.206 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- SC/ST District- East Champaran ====================================================== 1. Harichandra Sah Son Of Late Narain Sah @ Late Narayan Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 2. Rajeshwar Sah Sonof Late Narain Sah @ Late Narayan Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 3. Nandlal Sah Son Of Late Narain Sah @ Late Narayan Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 4. Jitan Sah @ Jitandra Sah Son Of Brahmdev Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 5. Satrughan Sah Son Of Brahmdev Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 6. Subash Sah @ Subash Kumar Son Of Late Gagandev Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 7. Satyendra Kumar Son Of Late Gagandev Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 8. Madan Sah Son Of Jagdev Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 9. Govinda Sah Son Of Harichandra Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 10. Achchhelal Sah Son Of Late Mahangu Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 11. Shambhu Sah Son Of Late Mahangu Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 12. Yogendra Sah @ Jogendra Sah Son Of Late Sarju Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 13. Manoj Sah Sonof Raghunath Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran 14. Dipak Kumar Son Of Paras Sah R/O Village- Fulwariya, P.S.- Chakiya, Dist.- East Champaran ... ... Appellant/s Versus 1. The State Of Bihar Patna 2. Runa Devi Wife Of Shambhu Das R/O Village- Fulwariya, Ward No-04, P.S.- Chakiya, Dist.- East Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor For the Informant : Mr. Suraj Kumar Tiwari, Advocate Patna High Court CR. APP (SJ) No.206 of 2024(4) dt.24-07-2025 2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 24-07-2025 Heard learned counsel for the parties. 2. This appeal has been filed against the order dated 28.11.2023 passed by learned Special Judge, SC/ST (POA) Act, East Champaran, Motihari in ABP No. 5259 of 2023 arising out of Motihari SC/ST P.S. Case No. 51 of 2023, registered under Sections 147, 148, 341, 323, 324, 354B, 379, 504 of the Indian Penal Code and Section 3(i)(g)(r)(s)/(w)(i), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. It is alleged that all the F.I.R. named accused persons including these appellants assaulted informant and her husband by means of lathi, danda, farsa and iron rod. It is further alleged that the accused persons abused informant and her husband by caste name and snatched mangalsutra and silver chain worth Rs. 80,000/- from the informant. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. There is admitted land dispute between the parties. As a matter of fact, husband of the informant along with five persons brutally assaulted appellant no. 14 for which a case was registered vide Patna High Court CR. APP (SJ) No.206 of 2024(4) dt.24-07-2025 3/4 Chakiya P. S. Case No. 289 of 2023 (Annexure-P-2) and in retaliation, this false and concocted case has been lodged by the informant. As per F.I.R., alleged date of occurrence is 06.08.2023 and F.I.R. for the same was lodged on 03.09.2023 i.e. after inordinate delay of 27 days which itself raises doubt over veracity of the prosecution case. Allegation of assault is general and omnibus and rest of the allegations are ornamental only to make the case grave. Moreover, 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 against appellants. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application. 6. Considering the nature of accusation, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, SC/ST (POA) Act, East Champaran, Motihari arising out of Motihari SC/ST P.S. Case No. 51 of 2023. Patna High Court CR. APP (SJ) No.206 of 2024(4) dt.24-07-2025 4/4 7. Accordingly, this criminal appeal is allowed and impugned order dated 28.11.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T