Manu Ray @ Manu Kumar RayversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1492 of 2024
                      Arising Out of PS. Case No.-349 Year-2023 Thana- BANIAPUR District- Saran
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           1.     Manu Ray @ Manu Kumar Ray son of Shiv Ray @ Shivji Ray Village-
                  Pithauri Tawakal Tola Ps- Baniapur Dist- Saran
           2.    Abhimanyu Kumar Ray @ Abhimanya Ray @ Abhimananu Ray son of
                 Shipahi Ray Village- Pithauri Tawakal Tola Ps- Baniapur Dist- Saran

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Dinesh Manjhi son of Jagmohan Manjhi Village- Pithauri Tawnkal Tola Ps-
                 Baniapur Dist- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sanjay Kumar Jha
                 For the Respondent/s   :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   23-02-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. No one appears for the Opposite party no. 2.

                               3. An order, dated 18.12.2023, passed by learned

                   Court of SC/ST Exclusive Special Judge, Chapra at Saran, in

                   ABP No. 4229 of 2023, 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 Baniapur Police Station Case No. 349 of 2023 registered

                   for the offence punishable under Sections 341, 323, 427, 504,
Patna High Court CR. APP (SJ) No.1492 of 2024(4) dt.23-02-2026
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          506, 34 of the Indian Penal Code and Section 3 (1)(r)(s), 3(2)

          (V)(a) of the Schedule Caste/Schedule Tribe (Prevention of

          Atrocities) Act, has been rejected.

                       4. As per the prosecution case, on 21.08.2023, in the

          night, the appellants were coming in drunken condition and

          were plucking corn from the field of the informant, and upon

          objection made by the informant, they started abusing and

          appellant no. 2 assaulted the informant on his head by his metal

          bangle, causing injury near his left eye and when the cousin of

          the informant intervened, appellant no. 1 assaulted him with fist.

                       5. Learned counsel for the appellants submits that

          they have not committed any offence in the manner alleged.

          Prima facie, the provisions of SC/ST Act is not attracted

          inasmuch as there is no allegation that appellants abused the

          informant by his caste name. The injuries caused to the

          informant and others are simple in nature and are not serious.

                       6. Having regard to the submissions made on behalf

          of the parties and taking into consideration the nature of

          allegation and the fact that the injuries are simple in nature and

          there is no allegation of abusing by the caste name in full public

          view, I am inclined to grant the appellants privilege of

          anticipatory bail.
           Patna High Court CR. APP (SJ) No.1492 of 2024(4) dt.23-02-2026
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                                  7. This appeal is, accordingly, allowed and the order,

                     dated 18.12.2023, passed by learned Court of SC/ST Exclusive

                     Special Judge, Chapra at Saran, in ABP No. 4229 of 2023, is set

                     aside.

                                  8. Let the appellants, above named, in the event of

                     their arrest or surrender before the Court below within four

                     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 Court of SC/ST

                     Exclusive Special Judge, Chapra at Saran, in connection with

                     Baniapur Police Station Case No. 349 of 2023, subject to the

                     condition laid down under Section 438 (2) of the Code of

                     Criminal Procedure/Section 482(2) of the BNSS, 2023.



                                               (Anil Kumar Sinha, J)
HarshPandey/-

U      T