Jitan SahversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5594 of 2023
                     Arising Out of PS. Case No.-415 Year-2023 Thana- BANMANKHI District- Purnia
                 ======================================================
           1.     Jitan Sah, S/O Late Buchan Sah Resident Of Jiwachpur, P.S- Banmankhi,
                  District-Purnea
           2.    Laddu Sah, S/O Jitan Sah Resident Of Jiwachpur, P.S- Banmankhi, District-
                 Purnea

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State Of Bihar
           2.    Dilip Kumar Rishi S/O Nageshwar Rishi Resident Of Harpatti, P.S-
                 Banmankhi, District-Purnea

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Praveen Kumar Agrawal
                 For the Respondent/s    :       Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-03-2026                 1. Heard the learned counsel for the appellants and

                   the learned Special Public Prosecutor for the State.

                               2. The appellants have challenged the order dated

                   23.11.2023 passed by the learned Special, SC & ST Act, Judge,

                   Purnea in connection with ABP No.129 of 2023, CIS No.129 of

                   2023 arising out of Banmankhi P. S. Case No.415 of 2023,

                   instituted for the offences under Sections 341, 323, 308, 379,

                   504, 506, 34 of the Indian Penal Code and Section 3(1)(r)

                   (s),3(1)(v) of the Scheduled Castes & Scheduled Tribes

                   (Prevention of Atrocities) Act, 1989, whereby their prayer for

                   grant of anticipatory bail has been rejected.
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                       3. The learned counsel appearing on behalf of the

          appellants submits that the case was taken up on 10.01.2024 and

          the learned counsel appearing on behalf of the Special P.P. was

          directed to inform the informant about the pendency of the

          instant appeal.

                       4. The      learned      Special      P.P   submits   that   the

          information has been given to the informant about pendency of

          the appeal, but then, no one appears on behalf of the respondent

          no.2.

                       5. The learned counsel appearing on behalf of the

          appellants submits that appellants are persons with clean

          antecedent and the informant alleges that on 14.09.2023 at 5.00

          P.M. had gone to the mobile shop of Jitan for transferring

          money and gave Rs.500/- to Jitan for transferring the money, but

          Jitan demanded commission in access on which informant

          objected, when Jitan, Laddu, Sonu and Vikash assaulted by rod

          causing injury on head and also snatched his chain.

                       6. The learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          informant does not allege that he was abused by taking caste
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                         name though there is allegation of assault, but then, the same is

                         not specific rather allegation of assault is general and omnibus

                         in nature.

                                      7. The learned Special P.P. opposes the anticipatory

                         bail application.

                                      8. Regard being had to the aforesaid submissions, the

                         order dated 23.11.2023 is set-aside.

                                      9. The appeal stands allowed.

                                      10.         The appellants, above-named, in the event of

                         their arrest or surrender before the learned Court below within a

                         period of eight weeks, are directed to be released on bail on

                         their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees

                         Five Thousand) each with two sureties of the like amount each

                         to the satisfaction of learned Special, SC & ST Act, Judge,

                         Purnea in connection with ABP No.129 of 2023, CIS No.129 of

                         2023 arising out of Banmankhi P. S. Case No.415 of 2023,

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

                         Cr.P.C.


                                                    (Satyavrat Verma, J)
vikash/-

U          T