IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4469 of 2021 Arising Out of PS. Case No.-277 Year-2020 Thana- GANDHIMAIDAN District- Patna ====================================================== 1. Malti Devi Wo Sri Jitendra Sharma R/o village- Barhela, P.S.- Paras Bigha, District- Jehanabad 2. Jitendra Sharma S/o Late Sri Ram Sharma R/o village- Barhela, P.S.- Paras Bigha, District- Jehanabad 3. Ram Kumar S/o Sri Jitendra Sharma R/o village- Barhela, P.S.- Paras Bigha, District- Jehanabad ... ... Appellant/s Versus 1. The State Of Bihar 2. Divya Roy D/o Late Baldeo Roy Resident of Bank Road, Ward No. 27, P.S.- Gandhi maidan, Dist-Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Raj Krishan Jha For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 15-01-2026 Heard learned counsel for the appellants and learned Special P.P. for of the State. Despite filing Vakalatnama, nobody appears on behalf of respondent no. 2. 2. This appeal has been filed against the order dated 06.09.2021 passed by learned ADJ – III cum Special Judge, SC/ST Act, Patna in a case registered under Sections 420/34 of the Indian Penal Code and Section 3(i)(f) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. It is alleged that these appellants fraudulently Patna High Court CR. APP (SJ) No.4469 of 2021(5) dt.15-01-2026 2/3 executed the sale-deed of the house of respondent no. 2. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in this case. He further submits that sale-deed was executed on 25.11.2016 in favour of the appellants and present case has been lodged on frivolous ground on 07.10.2020 i.e. after lapse of about 4 years without any plausible explanation of delay. Moreover, it is a case of civil dispute. It is not the case of the informant/respondent no. 2 that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State opposes the appeal. 6. However, considering the delay in lodging the case, nature of dispute and clean antecedent of appellants, the impugned order dated 06.09.2021 is, hereby, set aside and this criminal appeal is allowed. 7. Let the appellants, as named above, in the event of arrest or surrender within a period of eight weeks from today, 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 ADJ – III cum Special Judge, SC/ST Act, Patna High Court CR. APP (SJ) No.4469 of 2021(5) dt.15-01-2026 3/3 Patna in connection with Special (SC/ST) Case No. 431 of 2020, arising out of Gandhi Maidan P.S. Case No. 277 of 2020. anay (Prabhat Kumar Singh, J) U T