Mithilesh Kumar SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3852 of 2025
                         Arising Out of PS. Case No.-238 Year-2025 Thana- EKMA District- Saran
                 ======================================================
           1.     Mithilesh Kumar Singh Son of Jay Kumar Singh R/o Village - Hansrajpur,
                  P.S. - Ekma, District - Saran(Chapra).
           2.    Nikesh Kumar Singh Son of Nand Kumar Singh R/o Village - Hansrajpur,
                 P.S. - Ekma, District - Saran(Chapra).
           3.    Surendra Kumar Singh Son of Late Lalan Singh R/o Village - Hansrajpur,
                 P.S. - Ekma, District - Saran(Chapra).

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Santosh Kumar Sah Son of Gandhi Sah R/o Village - Hansrajpur, P.S. -
                 Ekma, District - Saran(Chapra).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :

                 For the Appellant/s      :       Mr.Ravi Ranjan, Advocate

                 For the Respondent/s     :       Mr.Binay Krishna, Spl.PP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   16-04-2026                          Heard learned counsels for the appellants and

                   learned Spl. PP for the State.

                                2. The appellants have preferred this appeal under

                   Section 14(A)(2) of the SC/ST Act against the rejection of their

                   prayer for pre-arrest bail vide order dated 20.08.2025 passed by

                   the learned Exclusive Special Judge, SC/ST Act, Saran, in Ekma

                   P.S. Case No. 238 of 2025, registered under Sections

                   126(2),115(2),118(1),352(2),109, 303(2), 3(5) of the BNS and

                   Section 3(1)(r)(s),3(2)(va) of the SC/ST Act.
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                       3. As per the allegations made in the F.I.R., due to a

          dispute over rash driving, the accused persons allegedly abused

          the informant by caste name, assaulted him and his family with

          deadly weapons, caused injuries, and committed theft and

          snatching.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have been falsely implicated, and

          that even as per the F.I.R., the genesis of the occurrence is an

          altercation arising out of rash and negligent driving of a tractor,

          not on account of caste. The appellants were not present at the

          initial stage of occurrence and the allegation of caste-based

          remark is attributed to another accused, with no specific

          allegation of intentional caste-based abuse against the

          appellants. The allegations are general and omnibus in nature,

          involving multiple accused persons without specific overt acts,

          except a general allegation against appellant no. 1. The dispute

          arises out of a land issue between the parties, and due to refusal

          to sell the land, the present case has been instituted. Both sides

          have sustained injuries and there is a case and counter-case

          between the parties. The appellants have no criminal

          antecedents.

                       5. Learned Special Public Prosecutor for the State has
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          opposed the prayer for grant of bail to the appellants.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, upon perusal of the record, it appears

          that the dispute is primarily land-related and the allegations of

          caste-based abuse against the appellants are general and not

          specific, particularly as they were not present at the initial stage

          of occurrence. The later allegations are omnibus in nature and

          the materials indicate a case and counter-case between the

          parties. In such circumstances, the impugned order dated

          20.08.2025 is quashed and set-aside as the bar under Section 18

          of the SC/ST Act is not attracted.

                       7. Appellants have, prima facie, made out a case that

          the assault is not attributable to them. In absence of specific

          allegation against the appellants the learned Trial Court is

          directed to released the appellants on pre-arrest bail, in the event

          of their arrest or surrender before the learned District Court

          within a period of four weeks, on furnishing bail bonds of Rs.

          10,000/- (Ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned District Court

          where the case is pending, in connection with SC/ST Ekma P.S.

          Case No. 238 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.
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                                  8. Accordingly, the present appeal is allowed.



                                                (Purnendu Singh, J)
Ashishsingh/-
U      T