IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2534 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- SC/ST District- Khagaria ====================================================== 1. Bala Choudhary Son of Late Srilal Choudhary Resident Of village -Betha ,P.S.-Morkahi , District Khagaria 2. Premlal Choudhary Son of Bala Choudhary Resident of Village-Betha , P.S.- Morkahi, District -Khagaria ... ... Appellant/s Versus 1. The State of Bihar 2. Rajendra Sada Son of Late Chotelal Sada Resident of village -Betha, P.S.Morkani District -Khagaria ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Jai Kishor Poddar For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 6 11-11-2025 Heard learned counsel for the appellants, learned Spl. P.P. for the State and learned counsel for the Informant. 2. This appeal is preferred against the order dated 05.04.2024 passed by the learned Addl. Sessions Judge-1- cum-Spl. Judge (SC/ST, Act) Khagria passed in ABA (SC/ST) No. 18 of 2024, in connection with Khagria SC/ST P.S. Case No. 4 of 2024, Special (SC/ST) G.R. No. 15 of 2024, registered under Sections 323, 341, 307, 379, 504 and 506/34 of the Indian Penal Code and under Section 3(i)(r)(s), 3(2)(v) of the S.C./ S.T. Act and Section 27 of the Arms Act, by which the prayer for Anticipatory bail of the Appellants has been rejected. Patna High Court CR. APP (SJ) No.2534 of 2024(6) dt.11-11-2025 2/4 3. As per the prosecution case, the allegation against the accused persons named in the F.I.R is of assaulting the informant and looting Rs. 50,000/- and also threatened them by caste name. 4. Learned 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 as the main thrust of allegation is because of a trivial dispute and not because of prosecution side belonging to the SC/ST community, therefore not even a prima facie case is made out and consequently, this application for anticipatory bail is maintainable. He relies upon the Judgment of the Hon’ble Supreme Court in the case of Kiran Vs. Rajkumar Jivraj Jain and Anr. reported in 2025 INSC 1067 and in the case of Hitesh Verma Vs. State of Uttarakhand reported in (2020) 10 SCC 710. 5. Learned counsel for the State and the informant have opposed the prayer of the appellants for grant of bail. 6. I have considered the submissions of the parties and perused the materials on record. 7. From reading of the F.I.R., it appears that the Patna High Court CR. APP (SJ) No.2534 of 2024(6) dt.11-11-2025 3/4 occurrence has taken place on account of land dispute between the parties and it does not appear that offence has been committed against the informant on the ground that he is a member of S.C./S.T. community. The injury report does not support the prosecution case. 8. Considering the aforesaid facts and also the law laid down by the Hon’ble Supreme Court in the case of Kiran vs. Rajkumar Jivraj Jain and Anr. (Supra) and in the case of Hitesh Verma Vs. State of Uttarakhand (supra), this application for grant of anticipatory bail is held to be maintainable. 9. Having considered the submissions of the parties and also considering the facts of the case, this appeal is allowed. Accordingly, the order dated 05.04.2024 passed by the learned Addl. Sessions Judge-1-cum-Spl. Judge (SC/ST, Act) Khagria passed in ABA (SC/ST) No. 18 of 2024, in connection with Khagria SC/ST P.S. Case No. 4 of 2024, Special (SC/ST) G.R. No. 15 of 2024, 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 Patna High Court CR. APP (SJ) No.2534 of 2024(6) dt.11-11-2025 4/4 of the learned Addl. Sessions Judge-1-cum-Spl. Judge (SC/ST, Act) Khagria passed, in connection with Khagria SC/ST P.S. Case No. 4 of 2024, Special (SC/ST) G.R. No. 15 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. manish/- (Sandeep Kumar, J) U