Patna High Court – Orders
Kanhaiya Yadav @ Raj Kumar Yadav vs The State Of Bihar on 5 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.760 of 2024
Arising Out of PS. Case No.-63 Year-2023 Thana- SC/ST District- Kaimur (Bhabua)
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1. Kanhaiya Yadav @ Raj Kumar Yadav Son of Late Jhanar yadav @ Jhanar
Singh Resident of Village- Murhariya, P.S.- Mohaniyan, district- Kaimur
(Bhabhua)
2. Vishwanath Yadav @ Vishwanath Singh Son of Late Bhulan Yadav @
Bhulan Singh Resident of Village- Murhariya, P.S.- Mohaniyan, district-
Kaimur (Bhabhua)
3. Pradeep Yadav @ Pradeep Kumar Son of Late Sant Yadav @ Sant Prasad
Singh Resident of Village- Murhariya, P.S.- Mohaniyan, district- Kaimur
(Bhabhua)
4. Ranjeet Yadav @ Ranjeet Kumar Yadav Son of Shriram Yadav @ Shriram
Singh Resident of Village- Murhariya, P.S.- Mohaniyan, district- Kaimur
(Bhabhua)
5. Rangbahadur Yadav @ Rangbahadur Singh Son of Ramsurat Yadav @
Ramsurat Singh Resident of Village- Murhariya, P.S.- Mohaniyan, district-
Kaimur (Bhabhua)
6. Sunil Yadav @ Sunil Kumar Singh Son of Shankar Yadav @ Shankar Singh
Resident of Village- Murhariya, P.S.- Mohaniyan, district- Kaimur
(Bhabhua)
7. Mukhiya Yadav @ Prashuram Kumar Son of Sriram Yadav @ Sriram Singh
Resident of Village- Murhariya, P.S.- Mohaniyan, district- Kaimur
(Bhabhua)
8. Sriram Yadav @ Sriram Singh Son of Ramsurat Yadav @ Ramsurat Singh
Resident of Village- Murhariya, P.S.- Mohaniyan, district- Kaimur
(Bhabhua)
... ... Appellant/s
Versus
1. The State of Bihar
2. Jaji Devi Wife of Surendra Ram Resident of Village- Murhariya, P.S.-
Mohaniyan, District- Kaimur (Bhabhua)
... ... Respondent/s
Patna High Court CR. APP (SJ) No.760 of 2024(3) dt.05-08-2025
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Appearance :
For the Appellant/s : Mr. Anuj Kumar, Advocate
For the State : Mr. Usha Kumari 1, Spl. P.P.
For Respondent No. 2 : Mr. Arvind Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 05-08-2025
Heard Mr. Anuj Kumar, learned counsel for the
appellants, Mr. Arvind Kumar, learned counsel for the
respondent No. 2 and Ms. Usha Kumari 1, learned Spl.P.P. for
the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
10.01.2024 passed by the learned Special Court SC/ST Act,
Kaimur at Bhabhua in connection with SC/ST (Bhabhua) P.S.
Case No. 63 of 2023, F.I.R. dated 17.12.2023 registered under
Sections 341, 323, 354, 307, 504, 506/34 of the Indian Penal
Code and Sections 3(1) (r) (s) (w)/ 3 (2) (v) of the Scheduled
Castes and Scheduled Tribes Act.
3. According to the prosecution case, the appellants
are alleged to have abused and assaulted the informant and his
son with sharp weapons.
4. Learned counsel for the appellants submits that
appellants have clean antecedent. The allegation as alleged in
the F.I.R. is false and fabricated and the appellants have not
committed any offences as alleged in the F.I.R. It appears from
Patna High Court CR. APP (SJ) No.760 of 2024(3) dt.05-08-2025
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the FIR itself that there is no specific allegation of any assault or
overt act attributed against these appellants rather there is
general and omnibus allegation. There is case and counter case.
Both the sides have received injuries and it appears from the
FIR that due to some petty dispute, the present occurrence has
taken place. Apart from the aforesaid, the injuries inflicted upon
the injured persons are simple in nature cause by hard and blunt
substance.
5. Learned counsel for respondent No. 2 as well as
learned Special Public Prosecutor for the State have
vehemently opposed the prayer for bail of the appellants and
submits that the appellants are named in the FIR and from a bare
perusal of FIR, it appears that there is specific allegation against
appellant No. 4 that he has abused the informant with caste
name and also assaulted her.
6. Considering the aforesaid, let appellant Nos. 1, 2, 3
and 5 to 8, in the event of their 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) each with
two surities of the like amount each to the satisfaction of learned
Special Court SC/ST Act, Kaimur at Bhabua in connection with
Patna High Court CR. APP (SJ) No.760 of 2024(3) dt.05-08-2025
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SC/ST (Bhabhua) P.S. Case No. 63 of 2023 (ABP No. 1930 of
2023), subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita, 2023 and with other
following conditions:-
i. Appellants 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
any stage it is found that the appellants have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. 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.
7. So far as appellant No. 4 is concerned, his prayer
Patna High Court CR. APP (SJ) No.760 of 2024(3) dt.05-08-2025
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for anticipatory bail is rejected.
8. Accordingly, the impugned order is set aside and
this appeal with respect to appellant Nos. 1, 2, 3 and 5 to 8
stands allowed and with respect to appellant No. 4, this appeal
stands dismissed.
(Rajesh Kumar Verma, J)
sauravkrsinha/-
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