IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4136 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- SC/ST District- Supaul ====================================================== Md. Firdosh @ Md Firdosh Alam Son of Md Yasin village- Durdapur Nonpar (ward no. 10) Ps- Bhaptiyahi, Dist- Supaul ... ... Appellant/s Versus 1. The State of Bihar 2. Sulekha Devi Wife of Chandan Kumar Ram Village- Nonpar (ward no. 13), Ps- Bhaptiyahi, Dist- Supaul ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Arun Kumar Jha For the Respondent/s : Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 12-11-2025 Heard the parties. 2. This appeal is preferred against the order dated 19/06/2024 passed in A.B.P. No. 699/2024 by learned Additional District and Sessions Judge-1st-cum-Special Judge, Supaul in connection with Supaul SC/ST P.S. Case No. 27 of 2024 registered for the offence under Sections 341, 323, 420, 354B, 384, 506 and 504 of the I.P.C. 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 appellant and others are said to have caught the hair of the informant and have abused her and others by taking the caste name. Patna High Court CR. APP (SJ) No.4136 of 2024(3) dt.12-11-2025 2/3 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 as the occurrence has taken place because of land dispute and therefore the application of the anticipatory bail is maintainable. 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 accordingly, the order dated 19/06/2024 passed in A.B.P. No. 699/2024 by learned Additional District and Sessions Judge-1st- cum-Special Judge, Supaul in connection with Supaul SC/ST P.S. Case No. 27 of 2024, 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) Patna High Court CR. APP (SJ) No.4136 of 2024(3) dt.12-11-2025 3/3 each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1st-cum- Special Judge, Supaul/concerned Court below in connection with Supaul SC/ST P.S. Case No. 27 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