IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2784 of 2025 Arising Out of PS. Case No.-135 Year-2020 Thana- KONCH District- Gaya ====================================================== 1. Devendra Sao S/o- Tapeshwar Saw Resident of Village- Pradhana, P.S.- Konch, District- Gaya 2. Tapeshwar Saw S/o- Late Devki Saw R/o- Near Shiv Mandir Lodnaby, Quarter Tilawani Ps- Dhanbad T, Dist- Dhanbad Jharkhand, A/P- Resident of Village- Pradhana, P.S.- Konch, District- Gaya 3. Dheeraj Kumar S/o- Ashok Saw Resident of Village- Pradhana, P.S.- Konch, District- Gaya 4. Kameshar SAo @ Kameshwar Saw S/o- Vrahamdeo Saw Resident of Village- Pradhana, P.S.- Konch, District- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Munna Kumar S/o- Bineshwar Paswan Resident of Village- Pradhana, P.S.- Konch, District- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Brijmohan Das For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 18-12-2025 1. Heard learned counsel for the appellants and learned Special Public Prosecutor for the SC/ST Act. 2. An order, dated 23.05.2025, passed by learned Exclusive Special Judge, SC/ST, Gaya, in ABP No. 137 of 2025, 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 appellant in connection with Konch Police Station Case No. 135 of Patna High Court CR. APP (SJ) No.2784 of 2025(4) dt.18-12-2025 2/3 2020 registered for the offence punishable under Sections 147/149/448/341/323/308/354/379/504/506 of the Indian Penal Code and Section 3 (1)(r)/3(s)W(1) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected. 3. The prosecution case, as per the First Information Report, is that on 02.05.2020, at about 07:00 PM, the informant was at his door, in the meantime, the appellants, along with co-accused persons, arrived there, started abusing and assaulting the informant and his family members. 4. Learned counsel for the appellant submits that there is previous enmity between the appellants and informant and both the parties are co-villagers. He next submits that there is no allegation that abuse by caste name was made in full public view. He further submits that occurrence has taken place in night and members of public were not present at the place of occurrence. No serious injuries have been caused to the informant and his family members. 5. Despite valid service of notice, no one appeared on behalf of the respondent no. 2. 6. Learned counsel for the Special Public Prosecutor for the Patna High Court CR. APP (SJ) No.2784 of 2025(4) dt.18-12-2025 3/3 SC/ST Act opposes the prayer for anticipatory bail. 7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that abuse by caste name was not made in full public view and injury sustained by the victims has not been brought on record, I am inclined to grant the appellants privilege of anticipatory bail. 8. This appeal is, accordingly, allowed and the order, dated 23.05.2025, passed by learned Exclusive Special Judge, SC/ST, Gaya, in ABP No. 137 of 2025, 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, Gaya, in connection with Konch Police Station Case No. 135 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T