IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4037 of 2024 Arising Out of PS. Case No.-303 Year-2024 Thana- TARAIYA District- Saran ====================================================== Jitendra Kumar Singh @ Jitendra Singh S/O Girija Singh @ Ram Sewak Singh R/O Village- Taraiya, P.O- Taraiya, P.S- Taraiya, District- Saran at Chapra- 841424. ... ... Appellant/s Versus 1. The State of Bihar 2. Surendra Manjhi S/O Radha Manjhi R/O Village- Taraiya, P.O- Taraiya, P.S- Taraiya, Distt.- Saran at Chapra- 841424. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jeetendra Narayan, Advocate For the Respondent/s : Mr. Sadanand Paswan,Spl. PP Mr. Shekhar Harshvardhan Mr. Bijay Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 12-11-2025 Heard learned counsel for the appellant, the learned Spl. P.P. for the State and the learned counsel for the informant. 2. This appeal is preferred against the order dated 13.08.2024 passed by the learned Special Judge, SC/ST Act, Saran at Chapra in ABP No. 2734 of 2024 arising out of Taraiya P.S. Case No. 303 of 2024 registered for the offence under Sections 126(2), 115, 118(1), 117, 109, 352, 351(2), 351(3) r/w 3(5) of the Indian Penal Code and under Sections 3(i)(r) and 3(i) (s) of the SC/ST Act, by which the prayer of the appellant for anticipatory bail was rejected. 3. As per the prosecution case, the appellant and others Patna High Court CR. APP (SJ) No.4037 of 2024(3) dt.12-11-2025 2/3 are accused of assaulting the informant and abusing him by taking caste name. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore the application of the anticipatory bail is maintainable. He further submits for a dispute over playing music, the occurrence took place. There is general and omnibus allegation against the appellant. 5. Learned counsel for the State and the learned counsel for the informant have vehemently opposed the prayer of the appellants. 6. From the reading of the entire FIR, it does not appear that offence has been committed against the informant and his family members on the ground that they are a member of SC/ST community and the same appears to be a mala fide prosecution. 7. In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail is maintainable. 8. Considering the rival submissions of the parties and the facts of the case, this appeal stands allowed. Accordingly, the order dated 13.08.2024 passed by the learned Special Judge, Patna High Court CR. APP (SJ) No.4037 of 2024(3) dt.12-11-2025 3/3 SC/ST Act, Saran at Chapra in ABP No. 2734 of 2024 arising out of Taraiya P.S. Case No. 303 of 2024 is hereby set aside. 9. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Saran at Chapra/concerned Court below in connection with Taraiya P.S. Case No. 303 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T