IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3978 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== 1. Vishal Kumar Son of Yogendra Halwai R/O Vill.- Koilwan, P.S.- Haspura, Dist.- Aurangabad. 2. Ravi Kumar @ Ravi Prakash Raw Son of Bhola Halkhor @ Bhola Halwai @ Bhola Ram @ Bhola Ram Raut R/O Vill.- Koilwan, P.S.- Haspura, Dist.- Aurangabad. 3. Roshan Kumar Son of Makhrot Prajapat R/O Vill.- Koilwan, P.S.- Haspura, Dist.- Aurangabad. ... ... Appellant/s Versus 1. The State of Bihar 2. Vikash Paswan Son of Ramadhar Paswan R/O Vill.- Chanhat, Post- Koilwan, P.S.- Haspura, Dist.- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-11-2025 Heard Mr. Krishna Pd. Singh, the learned Senior Counsel for the appellants, the learned Spl. P.P. for the State. Despite valid service of notice, none has appeared on behalf of the informant. 2. This appeal is preferred against the order dated 10.07.2024 passed by the learned Special Judge, SC/ST-cum-1st Addl. District and Sessions Judge, Aurangabad, passed in ABP No. 1420 of 2024 arising out of Haspura P.S. Case No. 292 of 2023 registered for the offence under Sections 302/34 of the Patna High Court CR. APP (SJ) No.3978 of 2024(4) dt.12-11-2025 2/3 Indian Penal Code and under Sections 3(i)(r)(s)/3(2)(v) of the SC/ST Act, by which the prayer of the appellants for anticipatory bail was rejected. 3. As per the prosecution case, the appellants are accused of assaulting the informant and abusing him by taking his caste name. 4. Learned Senior counsel for the appellants submits that the appellants have falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case and therefore, this anticipatory bail application is maintainable. He further submits that the deceased had died after consuming spurious/toxic liquor. 5. Learned counsel for the State has opposed the prayer of the appellants. 6. From the reading of the entire FIR, it appears to be a mala fide prosecution and no offence under SC/ST Act is made out against the appellants. 7. In these circumstances, in the opinion of this Court, this application for grant of anticipatory bail is maintainable. 8. From the records it appears that the deceased had died after consuming liquor. In the post-mortem report, no external injury has been found on the body of the deceased. Patna High Court CR. APP (SJ) No.3978 of 2024(4) dt.12-11-2025 3/3 9. Considering the aforesaid, the appeal stands allowed. Accordingly, the dated 10.07.2024 passed by the learned Special Judge, SC/ST-cum-1st Addl. District and Sessions Judge, Aurangabad passed in ABP No. 1420 of 2024 arising out of Haspura P.S. Case No. 292 of 2023 is hereby set aside. 10. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST-cum-1st Addl. District and Sessions Judge, Aurangabad/concerned Court below in connection with Haspura P.S. Case No. 292 of 2023, subject to the conditions laid down under Section 438(2) of the Cr. P.C./ Section 482(2) of the BNSS. Shishir/- (Sandeep Kumar, J) U T