Surendra MahtoversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5152 of 2024
                       Arising Out of PS. Case No.-289 Year-2024 Thana- PANAPUR District- Saran
                 ======================================================
           1.     Surendra Mahto S/O Late Shiv Shankar Mahto R/O Village- Dhenuki, P.S-
                  Panapur, Distt.- Saran at Chapra (Bihar).
           2.    Prince Mahto S/O Surendra Mahto R/O Village- Dhenuki, P.S- Panapur,
                 Distt.- Saran at Chapra (Bihar).

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Rekha Devi W/O Guddu Nut R/O Village- Dhenuki, Ward No. 10, P.S-
                 Panapur, Distt.- Saran At Chapra (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rakesh Kumar
                 For the Respondent/s    :        Mr. Binay Krishna
                 For the Res No. 2       :        Mr. Jeetendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   12-03-2026                 Heard learned counsel for the appellants, the learned

                   Spl. P.P. for the State and the learned counsel for the informant.

                               2. This appeal is preferred against the order dated

                   07.10.2024 passed by the learned Exclusive Special Judge,

                   SC/ST (POA)Act, Saran at Chapra passed in ABP No. 3477 of

                   2024 arising out of Panapur P.S. Case No. 289 of 2024

                   registered for the offence under Sections 126(2), 115, 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under

                   Sections 3(i)(r)(s) of the SC/ST Act, by which the prayer of the

                   appellants for anticipatory bail was rejected.

                               3. As per the prosecution case, the appellants are
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          alleged to have sold a piece of land that had previously been

          sold by their agnates. It is further alleged that the appellants

          abused the informant by addressing caste name.

                       4. Learned counsel for the appellants submits that the

          appellants have falsely been implicated in this case and no

          offence under the provisions of SC/ST Act is made out in this

          case and therefore, this anticipatory bail application is

          maintainable. He further submits that the appellants, without

          accepting their guilt, are ready to return the amount of Rs. 1

          Lakh to the respondent no. 2.

                       5. Learned counsel for the State and the learned

          counsel for the informant have opposed the prayer of the

          appellants. The learned counsel for the Respondent No. 2 gives

          an undertaking that the respondent no. 2 will vacate the

          possession of the land in question after the amount of Rs. 1

          Lakh.

                       6. From the reading of the entire FIR, it does not

          appear that offence has been committed against the informant on

          the ground that she is a member of SC/ST community and the

          same appears to be a mala fide prosecution.

                       7. In these circumstances, in the opinion of this Court,

          this application for grant of anticipatory bail is maintainable.

                       8. Considering the rival submissions of the parties and
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                      the facts of the case, the appeal stands allowed. Accordingly, the

                      07.10.2024 passed by the learned Exclusive Special Judge,

                      SC/ST (PoA) Act, Saran at Chapra passed in ABP No. 3477 of

                      2024 arising out of Panapur P.S. Case No. 289 of 2024 is hereby

                      set aside.

                                   9. Let the appellants, in the event of their arrest or

                      surrender within four weeks from today, be released on bail on

                      furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of the learned Court below where the case is pending/successor

                      Court in connection with Panapur P.S. Case No. 289 of 2024,

                      subject to the conditions laid down under Section 438(2) of the

                      Cr. P.C./ Section 482(2) of the BNSS and with further condition

                      that:-

                                          At the time of furnishing bail bonds, the appellants
                               shall produce a demand draft of Rs. 1,00,000/- in favor of the
                               Respondent No. 2. After verification of the genuineness of the
                               demand draft, the learned Court below shall accept the bail
                               bonds of the appellants; in the event the demand draft is found
                               not to be genuine, the Court shall pass such appropriate
                               orders as deemed fit.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T