IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3483 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Sheo Ram @ Shiv Ram S/o Late Ram Prit Ram R/O VILL - KAMAL PAKRI, P.S. - KALYANPUR, DIST - EAST CHAMPARAN ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Vakil Ram S/o Ram Sundar Ram R/o vill - Kamal Pakri, P.s. - Kalyanpur, Distt. - East Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Madhurendra Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== 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 ABP No. 1053 of 2024 by the learned Special Judge, SC/ST Act, East Champaran, Motihari arising out of Kalyanpur P.S. Case No. 130 of 2023 registered for the offence under Sections 341, 323, 435, 436, 504, 506, 427, 34 of the Indian Penal Code and under Section 1(r)(s) of the SC/ST (POA) Act by which the anticipatory bail application of the appellant has been rejected. 3. It has been submitted by the learned counsel for the appellant that both the parties, i.e. the appellant side and the informant side belong to SC/ST community and therefore this application for grant of anticipatory is maintainable. 4. Upon perusal of the impugned order, it appears that the learned Special Judge has failed to apply his mind on the aforesaid submission of learned counsel for the appellant. Patna High Court CR. APP (SJ) No.3483 of 2024(3) dt.12-11-2025 2/2 5. In view of the above, the order dated 13.05.2024 passed in ABP No. 1053 of 2024 by the learned Special Judge, SC/ST Act, East Champaran, Motihari arising out of Kalyanpur P.S. Case No. 130 of 2023 is hereby set aside and the matter is remitted back to the Principal District and Sessions Judge, East Champaran for fresh consideration as this case should not be heard by the learned Special Judge, SC/ST Act, East Champaran as SC/ST Act is not applicable. 6. While considering the case of the appellant, the learned Principal District and Sessions Judge, East Champaran, while examining the case, will examine the case diary and thereafter decide bail application of the appellant afresh. 7. Accordingly, this appeal stands disposed of. 8. Till the case is heard for the first time before the Principal District and Sessions Judge, East Champaran, the appellant shall not be arrested. 9. Let a copy of this order be communicated to the Principal District and Sessions Judge, East Champaran through FAX for its compliance. Vikas/- (Sandeep Kumar, J) U