Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3399 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- PALANWA District- East Champaran ====================================================== 1.

Aman Kumar Son Of Manoj Patel Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran 2.

Manoj Patel Son Of Jagdish Patel Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran 3.

Mewalal Patel Son Of Jagdish Patel Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran 4.

Maharani Devi Wife Of Manoj Patel Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran 5.

Chinta Devi @ Urmila Devi Wife Of Jagdish Patel Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran 6.

Sabita Devi @ Ramita Devi Wife Of Mewalal Patel Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Subhrani Devi Wife of Dharmendra Baitha Resident Of Village - Laxmipur, Laxumanwa, P.S. - Palanwa, District - East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sunil Kumar No.III, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-11-2025 Despite valid service of notice, none appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellants and the State.

3. This appeal has been filed against the order dated 27.06.2024 passed by learned Special Judge, SC/ST Act, East Champaran, Motihari in ABP No. 1948 of 2024 arising out of

Patna High Court CR. APP (SJ) No.3399 of 2024(4) dt.19-11-2025 2/3 Palanwa P.S. Case No. 29 of 2024 registered under Sections 341, 323, 379, 354(B), 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s)(ii), (v)(a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.

4. As per F.I.R., on 01.03.2024 at about 7 AM, when informant was cutting grass at her house, all the F.I.R. named accused persons including these appellants assaulted and abused her by caste name and threatened with dire consequences.

5. Learned counsel for the appellants submits that both parties are close-door neighbours and due to petty dispute, an altercation took place between them. Case and counter case. Present case is counter blast of Palanwa P. S. Case No. 30 of 2024 which was lodged by the appellants' side against informant and others. Allegation of assault is general and omnibus. He further submits that the alleged incident took place inside the house of informant and not within public view and as such, no case under SC/ST Act is made out against these appellants. Appellants claim clean antecedent.

6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

7. Considering the aforesaid facts, let the appellants,

Patna High Court CR. APP (SJ) No.3399 of 2024(4) dt.19-11-2025 3/3 as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, East Champaran, Motihari in connection with Palanwa P.S. Case No. 29 of 2024.

8. Accordingly, this criminal appeal is allowed and impugned order dated 27.06.2024 is set aside with respect to these appellants only.

(Prabhat Kumar Singh, J) Navya/- U T