IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2477 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== 1. Chandan Kumar S/O Satendra Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar 2. Vikash Kumar S/O Ramashish Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar 3. Gudiya Devi W/O Vijay Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar 4. Prakash Kumar S/O Ramashish Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar 5. Dhramshila Devi @ Ramshila Devi W/O Ramashish Singh R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar ... ... Appellants Versus 1. The State of Bihar 2. Binod Paswan S/O Madan Mohan Paswan R/O Vill.- Tal, P.O.- Sihadi, P.S.- Haspur, Dist.- Aurangabad, Bihar ... ... Respondents ====================================================== Appearance : For the Appellants : Mr. Uma Kant Mishra, Advocate For the Respondent-State: Mr. Binay Krishna, Spl. PP For the Respondent No.2 : Mr. Rahul Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 3 18-02-2026 Heard learned counsel for the appellants, learned Special Public Prosecutor appearing for the State and learned counsel for respondent No.2. 2. This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 18.03.2025 passed by learned Special Judge (SC/ST)-cum-1st District and Additional Sessions Judge, Aurangabad, passed in A.B.P. No. 519 of 2025, in connection with Haspura Case No. Patna High Court CR. APP (SJ) No.2477 of 2025(3) dt.18-02-2026 2/4 25 of 2025, registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 74 and 352 of the Bhartiya Nyay Sanhita, 2023, and Section 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of anticipatory bail of the appellants has been rejected. 3. As per the prosecution case, the informant, Binod Paswan, alleged that on 04.01.2025 at 08:30 AM, while he was watering his field, the water flow was being disrupted, upon his asking that why the flow of water is being cut, accused Ramashish Singh started abusing and assaulting him. On hearing hulla when his brother and nephews came to pacify the matter, the appellants along with other accused persons started assaulting them by spade, lathi, khati, rama (iron rod), gandasi and bricks and stones with an intention to kill them and also abused them by taking caste names, as a result of the assault the brother, son, nephew and daughters sustained injuries. It is also alleged the the accused persons also molested the wife of the informant. 4. It has been submitted on behalf of the appellants that there is general and omnibus allegation against the appellants and for a trivial dispute, case and counter case were Patna High Court CR. APP (SJ) No.2477 of 2025(3) dt.18-02-2026 3/4 lodged between the parties and there is no allegation that the alleged abuses with respect to attracting the provisions under SC/ST Act was ever made in public view. Moreover, the appellants No. 4 and 5 were made accused earlier in one case, but it has been submitted that the case was lodged from the prosecution side itself in which the appellants No. 4 and 5 are on bail and the appellants No. 1 to 3 have got no criminal antecedents. The alleged abuses also does not appear to be made within public view. 5. Learned counsel for the respondent No.2 and the learned Special Public Prosecutor for the State vehemently opposed the prayer for grant of anticipatory bail to the appellants and submitted that the appellants are committing successive offences against the appellants as previously also they had indulged in assault against the prosecution side for which Haspura P.S. Case No. 130 of 2024 was registered against the appellants. However, he could not controvert the submissions advanced on behalf of the appellants that the allegation of abuse does not appear to be made within the public view. 6. Considering the fact that there is a case and counter case between the parties and the dispute appears to be Patna High Court CR. APP (SJ) No.2477 of 2025(3) dt.18-02-2026 4/4 on account of irrigation issues and that the allegation of abuse does not appear to be within the public view, let the above named appellants, in the event of their arrest/surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned learned Special Judge (SC/ST)-cum-1st District and Additional Sessions Judge, Aurangabad, in connection with Haspura Case No. 25 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C.. 7. Accordingly, this appeal is allowed and the impugned order dated 16.04.2025 rejecting the prayer for grant of anticipatory bail to the appellants is set aside. Pawan/- (Praveen Kumar, J) U T