Shashi Yadav vs The State Of Bihar on 27 February, 2025

Patna High Court – Orders

Shashi Yadav vs The State Of Bihar on 27 February, 2025

Author: Chandra Prakash Singh

Bench: Chandra Prakash Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.209 of 2025
                         Arising Out of PS. Case No.-4 Year-2024 Thana- SC/ST District- Saharsa
                 ======================================================
                 Shashi Yadav S/o- Sugandhi Kumar Yadav Village- Gautam Nagar W.No-16,
                 Ps- Saharsa Dist- Saharsa

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Raju Kumar Das S/o- Shambhu Das Village- Kahra Kuti W.No-11, Ps Dist-
                 Saharsa

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Rashmi Jha, Adv.
                 For the Respondent/s    :        Mr.Binay Krishna, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   27-02-2025

Heard learned counsel for the appellant and learned

Spl. P.P. for the State.

2. This is an appeal under Section 14(A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the rejection of prayer for bail of

the appellant vide order dated 05.12.2024 passed by the learned

A.D.J.-I-cum-Special Judge (SC/ST Act), Saharsa in connection

with Special Case No. 57/2024 arising out of Saharsa SC/ST

Case No. 4/2024 dated 14.02.2024 registered for the alleged

offences punishable under Sections 147, 148, 149, 341, 342,

323, 363, 307, 504 and 506 of the Indian Penal Code and

Section 27 of the Arms Act and Sections 3(1)(r)/3(1)(s)/ 3(2)
Patna High Court CR. APP (SJ) No.209 of 2025(2) dt.27-02-2025
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(va) of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act.

3. As per the prosecution case, when the informant

along with his two friends Kumod Sah and Bhavesh Yadav went

to garage to get the motorcycle repaired, meanwhile 20 persons

on 5-6 motorcycles came there and started abusing the

informant and his friends. They also assaulted them with lathi,

rod, hockey stick etc. Some of them started firing upon the

informant and others. The appellant and the co-accused persons

took the informant and his two friends on four wheeler and

assaulted them brutally. The co-accused, Sanjay Jha fired 8-10

bullets on the informant and his friends but luckily they

survived. They also threatened them and also abused them by

calling their caste name. Thereafter, the injured were taken to

the hospital for treatment.

4. Learned counsel for the appellant submits that the

appellant is innocent and has falsely been implicated in this

case. The specific allegation of firing is against the co-accused,

Sanjay Jha rather the allegation against the appellant is general

and omnibus. Learned counsel has further submitted that no

body has sustained firearm injury. It is further submitted that no

member of public was present at the relevant point of time of
Patna High Court CR. APP (SJ) No.209 of 2025(2) dt.27-02-2025
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the incident and hence, no offence under provisions of SC/ST

Act is made out against the appellant. It is further submitted that

the appellant has no concern with the alleged offence. The

appellant has nine criminal antecedents as stated in para 3 of the

bail petition. The appellant is in custody since 26.06.2024.

5. Learned Special Public Prosecutor for the State as

well as learned counsel for the respondent no. 2 have opposed

the prayer for bail of the appellant.

6. In view of the aforesaid facts and circumstances of

the case as well as finding substance in the contenion of the

learned counel for the appellant, the impugned order dated

05.12.2024 passed by the learned A.D.J.-I-cum-Special Judge

(SC/ST Act), Saharsa in connection with Special Case No.

57/2024 arising out of Saharsa SC/ST Case No. 4/2024, is set

aside against the appellant. The criminal appeal is allowed.

7. Accordingly, the above named appellant, is

directed to be enlarged on bail on furnishing bail bond of Rs.

20,000/- (Rupees Twenty thousand) with two sureties of the like

amount each to the satisfaction of the learned A.D.J.-I-cum-

Special Judge (SC/ST Act), Saharsa in connection with Special

Case No. 57/2024 arising out of Saharsa SC/ST Case No.

4/2024 with the condition :-

Patna High Court CR. APP (SJ) No.209 of 2025(2) dt.27-02-2025
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(i) The appellant is directed to remain physically

present before the learned Court below on each and every date,

failing which on two consecutive dates without reasonable

cause, the prosecution will be at liberty to move for cancellation

of his bail bond.

(Chandra Prakash Singh, J)
Gautam/-

U     T