IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3492 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Rohtas ====================================================== 1. MIRA DEVI W/O PREM SAH R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. 2. SUMIT GUPTA S/O LATE SANJU GUPTA R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. 3. DURGESH SAH S/O CHANDU LAL SAH R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. 4. PARVATI DEVI W/O CHANDU LAL SAH R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. 5. PREM SAH S/O CHANDU LAL SAH R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. 6. CHANDU LAL SAH S/O LATE MANIK CHAND SAH R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. ... ... Appellant/s Versus 1. The State of Bihar BIHAR 2. MUNNI PASWAN S/O LATE DASHRATH PASWAN R/O VILLAGE- RAIPURCHOR, P.S- BADDI, DISTT.- ROHTAS. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sadanand Roy For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 12-11-2025 Heard the parties. 2. This appeal is preferred against the order dated 13/05/2024 passed in A.B.P. No. 699/2024 by learned Additional District and Sessions Judge-17-cum- Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram in connection with Dehri P.S. Case No. 09 of 2024 registered for the offence under Sections 341, 323, 379, 406, 420, 506 and 504/34 of the I.P.C. Patna High Court CR. APP (SJ) No.3492 of 2024(3) dt.12-11-2025 2/3 and under section 3 (2), (va), 3(1), (r), 3 (1) (s) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected. 3. As per the prosecution case, the appellants are said to have snatched Rs. 30,000/- from the informant and have also assaulted him. 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 as for recovery of money, this false and fabricated case has been lodged against the appellants and therefore the application of the anticipatory bail is maintainable. 5. Learned counsel for the State has 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 on the ground that she is a member of SC/ST community and primarily, it appears that dispute over recovery of money has been given colour of criminal case and such type of mala fide prosecution cannot be allowed to continue, therefore, this application for grant of anticipatory bail is held to be maintainable. Patna High Court CR. APP (SJ) No.3492 of 2024(3) dt.12-11-2025 3/3 7. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 13/05/2024 passed in A.B.P. No. 699/2024 by learned Additional District and Sessions Judge-17- cum- Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram in connection with Dehri P.S. Case No. 09 of 2024, is hereby set aside. 8. Let the appellants, in the event of their 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 Additional District and Sessions Judge-17-cum- Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram/concerned Court below in connection with Dehri P.S. Case No. 09 of 2024, 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