Patna High Court – Orders
Rajendra @ Rajendra Yadav vs The State Of Bihar on 8 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2813 of 2024
Arising Out of PS. Case No.-9 Year-2024 Thana- BELAGANJ District- Gaya
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1. Rajendra @ Rajendra Yadav S/o Dev Charan R/o Village- Karhol, Lodipur,
P.s.-Belaganj, District-Gaya
2. Putulwa Devi @ Putulava Devi S/o Washistha Kumar @ Bashistha Kumar
@ Bashisth Yadav @ Ravindra Raushan R/o Village- Karhol, Lodipur, P.s.-
Belaganj, District-Gaya
3. Washistha Kumar @ Bashistha Kumar @ Bashisth Yadav @ Ravindra
Raushan S/o Rajendra Yadav R/o Village- Karhol, Lodipur, P.s.-Belaganj,
District-Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Lalita Devi W/o Sitaram Paswan R/o Village- Karhol, Lodipur, P.s.-
Belaganj, District-Gaya
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Aryan Singh, Advocate
For the Resp.No.2 : Mr. Dhaneshwar Prasad Gupta, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.PP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 08-07-2025
Heard Mr. Aryan Singh, learned counsel for the
appellants, Mr. Dhaneshwar Prasad Gupta, learned counsel for
the Respondent No.2 as well as Mr. Sadanand Paswan, 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
20.04.2024 passed by the learned Court of Exclusive Special
Judge, SC/ST Act, Gaya in A.B.P. No. 123 of 2024 arising out
of Beleganj P.S. Case No. 09 of 2024, F.I.R. dated 08.01.2024
Patna High Court CR. APP (SJ) No.2813 of 2024(4) dt.08-07-2025
2/4
registered under Sections 341, 323, 379, 504/ 34 of the Indian
Penal Code and Sections 3(1) (r) (s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes Act.
3. According to the prosecution case, the informant
alleged that when she went to cut the grass in her field, in the
meantime, the appellants arrived and started abusing and
pointed pistol at her and took golden chain and earring. On
protest, they assaulted her husband.
4. Learned counsel for the appellants submits that
appellants have clean antecedent and they have falsely been
implicated in the present case. Although the appellants are
named in the FIR but from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act or
abusing in caste name against the appellants rather the
allegation levelled against them are general and omnibus and
there is case and counter case between the parties and apart
from that the date of occurrence as alleged in the FIR is
24.12.2023 but the present FIR is instituted on 08.01.2024 i.e.
after delay of 15 days without giving any reason of delay.
5. Learned Special Public Prosecutor for the State and
learned counsel for the Respondent No.2 have vehemently
opposed the prayer for bail of the appellants.
Patna High Court CR. APP (SJ) No.2813 of 2024(4) dt.08-07-2025
3/4
6. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
7. Considering the aforesaid facts and circumstances,
appellants have clean antecedent and there is case and counter
case between the parties and there is no specfic allegation
against the appellants, let the appellants, above named, 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) with two surities of the like amount
each to the satisfaction of learned Court of Exclusive Special
Judge, SC/ST Act, Gaya in connection with Beleganj P.S. Case
No. 09 of 2024 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
Patna High Court CR. APP (SJ) No.2813 of 2024(4) dt.08-07-2025
4/4ii. 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 their
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.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Suruchi/-
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