Patna High Court – Orders
Seet Yadav @ Shiv Kumar Yadav vs The State Of Bihar on 24 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5701 of 2024
Arising Out of PS. Case No.-48 Year-2024 Thana- MARAUNA District- Supaul
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Seet Yadav @ Shiv Kumar Yadav S/o- Ramdas Yadav R/V- Kamrail Bhagwait
Tola Ps- Marauna Dist-Supaul
... ... Appellant/s
Versus
1. The State of Bihar
2. Ugranarayan Chaupal S/o- Ramdev Chauhan @ Ramdev Chaupal Village-
Bhagwit Ps- Marauna Dist- Supaul
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Y.C.Verma, Sr.Advocate
: Ms.Priyanka Singh, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.
For respondent No.2 : Mr. Amarnath Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-06-2025
Heard Mr. Y.C.Verma, learned senior counsel
appearing for the appellant, Mr. Amarnath Jha, learned counsel
for respondent No.2 and Mr.Sadanand Paswan, learned Spl.P.P.
for the State.
2. The present appeal has been preferred under
section 14-A(2) of the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 for setting aside the order
dated 03.07.2024 passed by learned Additional Sessions Judge-I
cum- Special Judge (SC/ST), Supaul in A.B.A. No.691/2024
arising out of Marauna P.S. Case No. 48 of 2024 instituted for
offence under sections 147, 148, 149, 341, 323, 324, 325, 307,
302, 504, 506 of the Indian Penal Code and Section 3(1)(r), 3(1)
Patna High Court CR. APP (SJ) No.5701 of 2024(2) dt.24-06-2025
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(s), 3(2)(v), 3(2)(va) of the SC/ST Act lodged on 16.05.2024 by
the informant, Ugranarayan Choupal.
3. As per the prosecution story, due to construction
of Indira Awas on the land allotted by the Government, the
accused persons armed variously came and assaulted the
informant’s side in which Vasudeo Chaupal died, Ramdev
Chaupal was referred to DMCH, Dharbhanga and thereafter to
the PMCH, Patna. There is allegation of injuring the other
persons also.
4. Learned counsel for the appellant submits that
although the appellant is named in the FIR but from a bare
perusal of the FIR it appears that the FIR is in two parts. In 1 st
part, there is general and omnibus allegation against all the
accused persons including the appellant and in second part,
specific allegation of assault is attributed against other co-
accused persons and there is no specific allegation of any assault
or overt-act attributed against the appellant and he has been
made accused in the present case merely on the ground that the
appellant is family member of co-accused persons and apart
from that, from a bare perusal of the FIR it appears that due to
admitted land dispute, the present occurrence had taken place
and in view of the judgment in the case of Hitesh Verma Vs.
Patna High Court CR. APP (SJ) No.5701 of 2024(2) dt.24-06-2025
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The State of Uttarakhand & Anr., reported in (2020) 10 SCC
710, paragraph-18 which reads as follows:-
“18. Therefore, offence under the Act is not
established merely on the fact that the
informant is a member of Scheduled Caste
unless there is an intention to humiliate a
member of Scheduled Caste or Scheduled
Tribe for the reason that the victim belongs to
such caste. In the present case, the parties are
litigating over possession of the land. The
allegation of hurling of abuses is against a
person who claims title over the property. If
such person happens to be a Scheduled Caste,
the offence under Section 3(1)(r) of the Act is
not made out.
5. Paragraph-18 of the aforesaid judgment and in
the background of the land dispute, no case is made out under
SC/ST Act against the appellant.
6. The learned counsel for respondent No.2 as well
as learned Spl.P.P. for the State have vehemently opposed the
prayer for anticipatory bail of the appellant and submits that the
appellant carries six more cases other than the present one.
Patna High Court CR. APP (SJ) No.5701 of 2024(2) dt.24-06-2025
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7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Schedule Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts, let the appellant,
above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released on anticipatory bail on
furnishing bail bond of Rs.10,000 (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-I-cum- Special Judge (SC/ST),
Supaul in connection Marauna P.S. Case No. 48 of 2024, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/Section 482(2) of the BNSS, 2023 and
with other following conditions:-
(I) Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. APP (SJ) No.5701 of 2024(2) dt.24-06-2025
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(III) And, further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage, it is found that the appellant has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
U T