IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5709 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1. Aadil Khan @ Md. Aadil Khan S/O Md. Yahiya Khan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. 2. Neyaj Khan @ Md. Neyan Khan @ Nayaj Khan S/O Md. Sarfaraj Alam R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. 3. Jafardeen Khan @ Fardeen Khan @ Md. Fardeen Khan S/O Jafar Khan @ Jafruddin Khan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. 4. Faiju Khan @ Faijan Khan S/O Md. Hanish Khan @ Hanif Khan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. 5. Subhan Khan @ Subhash Khan S/O Md. Hanish Khan @ Hanif Khan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. 6. Samshad Khan @ Md. Samshad Khan S/O Md. Edrish Khan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. 7. Sarfaraj Khan @ Md. Sarfaraj Khan S/O Late Md. Ali Hasan Khan @ Md. Hasan Khan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. ... ... Appellant/s Versus 1. The State Of Bihar 2. Vijay Paswan S/O Late Chalitar Paswan R/O Vill.- Telari, P.S.- Neemchak Bathani, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aryan Singh, Adv. For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 23-12-2025 1. Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. 2. An order, dated 21.10.2024, passed by learned Exclusive Special Judge, SC/ST Act, Gaya, in ABP No. 330 of Patna High Court CR. APP (SJ) No.5709 of 2024(5) dt.23-12-2025 2/4 2024, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellants in connection with Neemchak Bathani Police Station Case No. 123 of 2024 registered for the offence punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Sections 3(2), 3(1)(d), 3(1)(dh), 3(4) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, 1989, has been rejected. 3. As per the prosecution story, on 18.06.2024, in the evening at about 6 p.m., while the informant was sitting under the peepal tree near the temple, appellant no. 6, namely Shamshad Khan, abused informant's brother by taking his caste name. When protested, he gave a knife blow on the head of the informant's brother and the other appellants and accused persons, total 10 in numbers, having weapon in their hands, assaulted the family members of the informant. 4. Learned counsel for the appellants submits that both are residing in the same village and come from different community. The allegation against the appellants is general and omnibus, except appellant no. 6, who allegedly assaulted by knife to the brother of the informant. The abuse by the caste Patna High Court CR. APP (SJ) No.5709 of 2024(5) dt.23-12-2025 3/4 name is also against appellant no. 6, but it was not in full public view. 5. Despite service of notice, no one appeared for the informant/respondent no. 2. 6. Learned Special Public Prosecutor SC/ST submits there is allegation of assault by knife against appellant no. 6, and the injuries caused to the victims are simple in nature. 7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, injuries are simple in nature, the abuse by caste name was not in full public view, I am inclined to grant the appellants privilege of anticipatory bail. 8. This appeal is, accordingly, allowed and the order, dated 21.10.2024, passed by learned Exclusive Special Judge, SC/ST Act, Gaya, in ABP No. 330 of 2024, is set aside. 9. Let the appellants, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya, in connection with Neemchak Bathani Police Station Case No. 123 of 2024, subject to the condition Patna High Court CR. APP (SJ) No.5709 of 2024(5) dt.23-12-2025 4/4 laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T