IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2552 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- SC/ST District- Bhojpur ====================================================== 1. Badak Yadav @ Barak Yadav Son of Late Raghubir Yadav R/O Vill.- Amrai Nawada, P.S.- Bihiya, District- Bhojpur 2. Guddu Yadav @ Guddu Kumar Yadav Son of Radha Yadav R/O Vill.- Amrai Nawada, P.S.- Bihiya, District- Bhojpur 3. Mithilesh Yadav @ Mutelesh Yadav Son of Badak Yadav @ Barak Yadav R/O Vill.- Amrai Nawada, P.S.- Bihiya, District- Bhojpur 4. Radha Yadav Son of Raghubir Yadav R/O Vill.- Amrai Nawada, P.S.- Bihiya, District- Bhojpur ... ... Appellant/s Versus 1. The State Of Bihar 2. Hari Narayan Paswan Son of Dehari Ram R/O Vill.- Amrai Nawada, P.S.- Bihiya, District- Bhojpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ajay Kumar Singh For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 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 13.05.2024, passed by the learned Addl. Sessions Judge-cum- Spl. Judge (SC/ST, Act), Bhojpur in ABP No. 885 of 2024, in connection with SC-ST P.S. Case No. 05 of 2024, registered under Sections 341, 323, 307, 504, 379/34 of I.P.C. and Section 3(i)(r), 3(2)(s), 3(2)(v) of SC/ST Act, whereby the prayer for Anticipatory bail of the Appellants has been rejected. Patna High Court CR. APP (SJ) No.2552 of 2024(3) dt.11-11-2025 2/3 3. As per the prosecution case, the allegation against the appellants is that Appellants and other co-accused persons named in the F.I.R. assaulted the informant and others and they are indulged in capturing the land belonging to the informant. 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 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. 5. Learned counsel for the State and the informant, vehemently, 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 Appellants and other co-accused were capturing the land belonging to the informant. In my opinion, the offence under Section SC/ST Act is maintainable. Patna High Court CR. APP (SJ) No.2552 of 2024(3) dt.11-11-2025 3/3 8. Considering the aforesaid facts and and circumstances of the case, the prayer for grant of Anticipatory bail to the Appellants is rejected. manish/- (Sandeep Kumar, J) U