IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5396 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- DULHIN BAZAR District- Patna ====================================================== 1. Satya Narayan Yadav S/O Ram Dhyan Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 2. Mohan Yadav @ Lal Mohan Yadav S/o Ramashish Yadav Resident of Vill- Khapuri, P.S.Dulhin Bajar, and District- Patna, Bihar. 3. Mithlesh Yadav S/o Late Shri Ramdhyan Yadav Resident of Vill- Khapuri, P.S.Dulhin Bajar, and District- Patna, Bihar. 4. Lalan Yadav S/o Ramashish Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 5. Chintu Yadav @ Harikant Kumar S/o Nagbanshi Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 6. Biku Kumar @ Ashish Kumar S/O Satnaryan Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 7. Shyam Yadav @ Shyam Kumar S/o Mithlesh Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 8. Manbodha Yadav @ Manbodha Kumar S/o Mithlesh Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 9. Nirmal Yadav @ Nirmal Kumar S/o Mithlesh Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 10. Atul Kumar @ Alok Kumar S/o o Mithlesh Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 11. Nitish Yadav @ Nitish Kumar S/o Lalan Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. 12. Deepak Yadav @ Deepak Kumar S/o Lalan Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar. ... ... Appellant/s Versus 1. The State of Bihar 2. Ramdeo Paswan S/O Late Dhuri Paswan R/o Vill- Khapuri, P.O.- Sadavah, P.S.- Dulhin Bazar, Dist- Patna, Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Akash Deep, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026 2/5 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 5 13-02-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor appearing for the State. Although vakalatnama has been filed on behalf of respondent No.2, there is no representation on his behalf. 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 25.10.2024 passed by learned Exclusive Special Judge, SC/ST Act, Patna (Sadar), in A.B.P. No. 4116 of 2024, in connection with Dulhin Bazar P.S. Case No. 109 of 2024 dated 10.05.2024, registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 354, 379, 448, 504 and 506 of the Indian Penal Code and Section 3(1)(r)(s) of 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 alleged that on 06.05.2024 at about 12:30 P.M., the appellants and the co-accused persons entered his house by pushing the daughter-in-law and abused by taking his caste name. On hearing hulla, the informant came then the co-accused Lal Mohan Yadav assaulted on his head with iron rod and the Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026 3/5 appellant No.6, Biku Kumar assaulted him with sword as a result of which he sustained head injury. Thereafter, all the accused persons started assaulting him with leg, sticks and danda, when his daughter-in-law came to rescue him, the appellant attacked her with an intention to kill. On halla, nearby people gathered then the appellants fled away by threatening. 4. Learned counsel for the appellants submits that the appellant Nos.1 and 2 have two criminal antecedents, the appellant Nos. 3 to 7 have one criminal antecedent and the rest of the appellants have no criminal antecedent. They are innocent and have not committed any offence. He further submits that the dispute is actually regarding the measurement of the land and the prosecution side were the aggressors, for which the appellants side have lodged Dulhin Bazar P.S. Case No 105 of 2024 and from the said case, it would appear that the prosecution parties were the aggressors and several persons of the appellants side received injuries and in order to create the defence, the present case has been lodged. The medical report of appellant Nos. 1, 2 and 6 have been brought on record by way of Annexure-2, 3 and 4 of the present memo of appeal. As regards allegation of abuse with the caste name attracting the rigours of SC & ST Act is concerned, it is concocted one as no Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026 4/5 person has been named to be present at the place of occurrence when the alleged offence of abuse was being committed. Hence, the impugned order may be set aside and the appellants may be granted the privilege of anticipatory bail. 5. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for grant of anticipatory bail to the appellants and submitted that the appellants have actively participated in the present occurrence. 6. Considering the entire facts and circumstances of the case and also the fact that there was free fight between the parties and the case of the appellants has been lodged prior to lodging the FIR by the informant side and there are serious injuries on the person of some of the appellants, 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 Exclusive Special Judge, SC/ST Act, Patna (Sadar), in connection with Dulhin Bazar P.S. Case No. 109 of 2024 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 Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026 5/5 impugned order dated 25.10.2024 rejecting the prayer for grant of anticipatory bail to the appellants is set aside. shivam/- (Praveen Kumar, J) U T