IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2973 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SC/ST District- Aurangabad ======================================================

1. Pramod Thakur S/o Tulsi Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -

Aurangabad

2. Kamlesh Thakur S/o Tulsi Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -

Aurangabad

3. Munna Thakur S/o Arjun Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -

Aurangabad

4. Naveen Thakur S/o Pramod Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -

Aurangabad

5. Ranjeet Thakur S/o Late Krishna Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. - Aurangabad

6. Arjun Thakur S/o Bhola Thakur R/o vill - Ghutiya, P.S. - Mali, Distt. -

Aurangabad

7. Deepak Kumar @ Deepak Thakur S/o Anil Thakur R/o vill - Khadha, P.S. -

N.T.P.C. Khara, Distt. - Aurangabad ... ... Appellant/s Versus

1. The State of Bihar

2. Rahul Kumar S/o Late Vidyasagar Paswan R/o vill - Ghutiya, P.S. - Mali, Distt. - Aurangabad ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ratneshwar Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, Sp.P.P.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

5 23-02-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. An order, dated 04.06.2024, passed by learned Special Judge, SC/ST (POA) Act-cum-1^st Additional District & Sessions Judge, Aurangabad, in ABP No. 1080 of 2024, is under challenge in the present appeal preferred under Section 14-A (2)

of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Aurangabad SC/ST Police Station Case No. 15 of 2024 registered for the offence punishable under Sections 147, 148, 323, 341, 354, 504, 506 of the Indian Penal Code and Section 3(i) (g) (s) (w), 3(2) (va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities)

Act, has been rejected.

3. As per the prosecution case, on 25.05.2024 in the morning, when the informant was going to attend nature’s call, the accused persons named in the FIR allegedly started quarreling with him. With the intervention of villagers, the said quarrel was resolved at that time. Subsequently, at about 09:30 AM on the same day, all the appellants arrived at the house of the informant armed with lathi and danda, and started abusing. When the sister-in-law (Bhabhi) of the informant intervened, the appellants misbehaved with her and pushed her to the ground and they also assaulted the family members of the informant and abused them by taking their caste name. It is further alleged that even after the arrival and intervention of villagers, the accused persons continued to abuse the informant and his family members by taking their caste name.

4. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case due to the fact that the informant, Rahul Kumar, used to tease the niece of appellant nos. 1 and 2. When the appellants objected to such conduct and protested against the behaviour of the informant, the present FIR has been lodged maliciously with intention to harass the appellants and to teach them a lesson. Subsequently, the niece of appellant nos. 1 and 2, lodged an FIR, bearing Mali P.S. Case No. 99 of 2024, against the informant. There is no serious injury caused to the victims, and the caste name has not been taken on the full public view.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there was scuffle between them on a certain issue; the caste name was not taken in full public view, and no serious injury caused to the side of the informant, I am inclined to grant the appellant privilege of anticipatory bail.

6. This appeal is, accordingly, allowed and the order, dated