IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3724 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== RAJESH RAY @ RAJESH KUMAR RAY S/O Ram Pukar Ray R/O Village- Manserpur, Atarua, P.S- Bhagwanpur (Teyay), Distt.- Begusarai. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Lakshmi Devi W/O Sitaram Chaudhary R/O Village- Atarua, Ward No. 1, P.S- Bhagwanpur (Teyay), Distt.- Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anuj Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 12-11-2025 Heard the parties. None has appeared on behalf of the informant despite valid service of notice. 2. This appeal is preferred against the order dated 19/04/2024 passed by learned Exclusive Special Judge, SC/ST Act, Begusarai in connection with Bhagwanpur (Teyay) P.S. Case No. 168 of 2023 registered for the offence under Sections 341, 323, 307, 506 and 504 of the I.P.C. and under section 3(i) (r)(s),(f) of S.C/S.T. (POA) Act and under Section 27 of the Arms Act by which anticipatory bail filed by the appellant has been rejected. 3. As per the prosecution case, when the informant and her husband were doing boundary of their plot, the Patna High Court CR. APP (SJ) No.3724 of 2024(3) dt.12-11-2025 2/3 appellant came there and have abused her by taking caste name. The appellant is also said to have assaulted the husband of the informant. 4. Learned counsel for the appellants 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 as the occurrence has taken place because of land dispute and therefore the application of the anticipatory bail is maintainable. He further submits that there is case and counter case also and the present is nothing but a mala fide prosecution only to harass the appellant. He also submits that the injury sustained by the husband of the informant is simple in nature. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that a dispute of civil nature is given colour of criminal case and therefore, this application for grant of anticipatory bail is held to be maintainable. 7. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and Patna High Court CR. APP (SJ) No.3724 of 2024(3) dt.12-11-2025 3/3 accordingly, the order dated 19/04/2024 passed by learned Exclusive Special Judge, SC/ST Act, Begusarai in connection with Bhagwanpur (Teyay) P.S. Case No. 168 of 2023, is hereby set aside. 8. 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) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Begusarai/concerned Court below in connection with Bhagwanpur (Teyay) P.S. Case No. 168 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U