IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3826 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- NIRMALI District- Supaul ====================================================== 1. Chhedilal yadav Son of Late Ghoghan Yadav R/V- Village- Mahua, P.S.- Nirmali, Distt.- Supaul 2. Jagarnathi yadav Son of Late Ghoghan Yadav R/V- Village- Mahua, P.S.- Nirmali, Distt.- Supaul 3. Sikendra Kumar Yadav Son of Chhedi Lal Yadav R/V- Village- Mahua, P.S.- Nirmali, Distt.- Supaul 4. Dharmendra Yadav Son of Chhedi Lal Yadav R/V- Village- Mahua, P.S.- Nirmali, Distt.- Supaul ... ... Appellant/s Versus 1. The State of Bihar 2. Chandrakala Devi Wife of Maujelal Ram R/V- Village- Mahua, P.S.- Nirmali, Distt.- Supaul ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Hriday Narayan Harshit, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 15-01-2026 Despite valid 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 02.07.2024 passed by learned Additional Sessions Judge-I cum Special Judge, SC/ST Act, Supaul in ABP No. 504 of 2024 arising out of Nirmali P.S. Case No. 282 of 2023 registered under Sections 341, 323, 379, 354, 504, 506/34 of the Indian Patna High Court CR. APP (SJ) No.3826 of 2024(5) dt.15-01-2026 2/3 Penal Code and Section 3(1)(r)(s)(f)(g), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. As per F.I.R., on 1.12.2023 at about 10:30 AM, when informant was in her field, these appellants, variously armed, came there and forcibly started taking away the harvested paddy crop. Upon objection, the accused persons abused the informant by caste name and disrobed her. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. As a matter of fact, appellants have falsely been implicated in this case due to land dispute. F.I.R. has been lodged after inordinate delay of 20 days without any plausible explanation, which itself raises doubt over veracity of the prosecution case. Allegation against appellants is general and omnibus. Rest of the allegations are ornamental. It is not the case of informant that alleged incident occurred within public view and as such, no case under SC/ST Act is made out against the appellants. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the nature of accusation and delay in Patna High Court CR. APP (SJ) No.3826 of 2024(5) dt.15-01-2026 3/3 lodging the F.I.R., 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 furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I cum Special Judge, SC/ST Act, Supaul in ABP No. 504 of 2024 arising out of Nirmali P.S. Case No. 282 of 2023. 8. Accordingly, this criminal appeal is allowed and impugned order dated 02.07.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T