Patna High Court – Orders
Ajay Yadav @ Ajay Kumar vs The State Of Bihar on 10 July, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1515 of 2024
Arising Out of PS. Case No.-367 Year-2023 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Ajay Yadav @ Ajay Kumar S/o Rajendra Yadav R/o Village Titoiya ps
Bodhgaya district gaya
2. Mithilesh Yadav S/o Gyani Yadav R/o Village Titoiya ps Bodhgaya district
gaya
3. Pappu Yadav S/o Ghoghi Yadav @ Bodhi Yadav R/o Village Titoiya ps
Bodhgaya district gaya
... ... Appellant/s
Versus
1. The State of Bihar.
2. Shyamsundar Paswan S/o Late Jairam Paswan, R/o village - Amraura, P.S. -
Tharthari, Distt. - Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Durgesh Nandan, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
7 10-07-2025
Heard learned counsel for the appellants, learned
counsel for the respondent no. 2 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 (hereinafter referred to as “SC/ST Act”)
against the refusal of prayer for anticipatory bail of the appellant
vide order dated 09.08.2023 passed by the learned Exclusive
Special Judge, SC/ST Special Court, Gaya, in connection with
A.B.P. No. 260 of 2023, arising out of Muffasil P.S. Case No.
Patna High Court CR. APP (SJ) No.1515 of 2024(7) dt.10-07-2025
2/4
367 of 2023 dated 28.03.2023 registered for the alleged offences
punishable under Sections 147, 148, 149, 341, 323, 307, 332,
353, 504 and 506 of the Indian Penal Code and under Sections
3(i)(r)(s) / 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act.
3. As per prosecution case, on the basis of secret
information when the informant along with other officials
reached the place of occurrence, he saw that 20-25 tractors
loaded with sand were illegally parked there. After seeing the
police party, the appellants along with other co-accused persons
started fleeing away and when the informant tried to apprehend
them, they abused the informant by calling his caste name and
also assaulted the informant due to which he sustained injuries.
4. Learned counsel for the appellants submits that
the appellants are innocent and have been falsely implicated in
this case. The allegation levelled against the appellants is not
specific, rather general and omnibus in nature. Learned Counsel
further submitted that caste name was not disclosed by anyone
at the time of alleged occurrence. As per FIR, no member of
public was present at the relevant point of time of the incident.
Learned counsel further submitted that no particular caste name
has been called out by the appellants, hence no case is made out
Patna High Court CR. APP (SJ) No.1515 of 2024(7) dt.10-07-2025
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under SC/ST (PoA) Act. The co-accused person namely, Dilip
Yadav has already been granted the privilege of anticipatory bail
by this Court vide order dated 05.01.2024 passed in Cr.
Appeal(SJ) No. 2317 of 2023. The appellant no. 1 has two
criminal antecedents, appellant no. 2 has three criminal
antecedents and appellant no. 3 has one criminal antecedent.
5. Learned Spl. P.P. for the State as well as learned
counsel for the respondent no. 2 have opposed the prayer for
anticipatory bail of the appellants.
6. In view of the aforesaid facts and circumstances
of the case as well as the fact that no case is made out against
the appellants, the impugned order dated 09.08.2023 passed by
the learned Exclusive Special Judge, SC/ST Special Court, Gaya
in connection with A.B.P. No. 260 of 2023, arising out of
Muffasil P.S. Case No. 367 of 2023, is set aside against the
appellants. The criminal appeal is allowed.
7. Accordingly, the above named appellants, in the
event of their arrest/surrender before the learned Court below
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Patna High Court CR. APP (SJ) No.1515 of 2024(7) dt.10-07-2025
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Judge, SC/ST Special Court, Gaya in connection with A.B.P.
No. 260 of 2023, arising out of Muffasil P.S. Case No. 367 of
2023 , subject to the conditions mentioned in Section 438(2) of
the Code of Criminal Procedure, on further condition:
(i) The appellants are directed to remain physically
present before the learned trial Court on each and every date,
failing which on two consecutive dates without reasonable
cause, the bail bond of the appellants is liable to be cancelled.
(Chandra Prakash Singh, J)
Shahnawaz/-
U T
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