IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3964 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Bhawani Sharma S/O Ayodhya Sharma @ Ram Ayodhya Sharma R/O Village- Fakuli, P.S- Awtar Nagar, Distt.- Saran. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Nagendra Ram S/O Ramnath Ram R/O Village- Fakuli, P.S- Awtar Nagar, Distt.- Saran. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vijay Srivastva For the Respondent/s : Mrs. Usha Kumari 1 Mr. Rananjay Kumar Mr. Yashraj Bardhan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 6 12-11-2025 Heard learned counsel for the appellant, the learned Spl. P.P. for the State and the learned counsel for the informant. 2. This appeal is preferred against the order dated 03.04.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Saran at Chapra in ABP No. 1069 of 2024 arising out of Awtar Nagar P.S. Case No. 353 of 2023 registered for the offence under Sections 341, 323, 504, 506/34 of the Indian Penal Code and under Sections 3(i)(r) of the SC/ST Act, by which the prayer of the appellant for anticipatory bail was rejected. 3. As per the prosecution case, the appellant is accused of punching the informant and abusing him by taking Patna High Court CR. APP (SJ) No.3964 of 2024(6) dt.12-11-2025 2/3 caste name. 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 and therefore the application of the anticipatory bail is maintainable. He further submits for a trivial dispute, the occurrence has taken place. The allegation against the appellant is general and omnibus in nature. 5. Learned counsel for the State and the learned counsel for the informant have vehemently 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 and his family members on the ground that they are a member of SC/ST community and the same appears to be a mala fide prosecution. 7. In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail maintainable. 8. Considering the rival submissions of the parties and the facts of the case, this appeal stands allowed. Accordingly, the order dated 03.04.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Saran at Chapra in ABP No. 1069 of Patna High Court CR. APP (SJ) No.3964 of 2024(6) dt.12-11-2025 3/3 2024 arising out of Awtar Nagar P.S. Case No. 353 of 2023 is hereby set aside. 9. 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) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Saran at Chapra/concerned Court below in connection with Awtar Nagar P.S. Case No. 353 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T