IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.607 of 2024 Arising Out of PS. Case No.-345 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Awadhesh Rai S/O Baiju Rai R/O Village- Sapgarha, P.S- Chiraiya, Distt.- East Champaran. 2. Bigu Rai S/O Methur Rai R/O Village- Sapgarha, P.S- Chiraiya, Distt.- East Champaran. 3. Ajit Rai S/O Bilat Rai R/O Village- Sapgarha, P.S- Chiraiya, Distt.- East Champaran. ... ... Appellant/s Versus 1. The State Of Bihar 2. Sunil Ram S/O Ramjatan Ram R/O Village- Baidhnathpur, P.S- Chiraiya, Distt.- East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6 15-01-2026 Despite service of notice, none appears on behalf of the respondent no. 2. 2. Heard learned counsel for the appellants and the State. 3. This appeal has been filed against the order dated 28.06.2023 passed by learned Special Judge, SC/ST, East Champaran, Motihari in ABP No. 2477 of 2023 arising out of Chiraiya P.S. Case No. 345 of 2022 registered under Sections 341, 323, 325, 379, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Patna High Court CR. APP (SJ) No.607 of 2024(6) dt.15-01-2026 2/3 Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. As per F.I.R., these appellants abused the informant by caste name, assaulted him by means of lathi and took away Rs. 3,500/- and gold locket. 5. Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in this case. As a matter of fact, on the alleged date of occurrence, motorcycle of the informant ran over the fertilizer which led to heated argument between the parties and taking advantage of the situation this false and concocted case has been lodged. There is no injury report on record to substantiate the allegations levelled against the appellants. Allegation of abuse and assault is general and omnibus. It is not the case of informant that alleged incident occurred within public view as such, no case under SC/ST Act is made out against the appellants. Appellants claim clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the aforesaid facts, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on Patna High Court CR. APP (SJ) No.607 of 2024(6) dt.15-01-2026 3/3 furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST, East Champaran, Motihari in ABP No. 2477 of 2023 arising out of Chiraiya P.S. Case No. 345 of 2022. 8. Accordingly, this criminal appeal is allowed and impugned order dated 28.06.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T