Patna High Court – Orders
Rajesh Yadav vs The State Of Bihar on 22 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.659 of 2024
Arising Out of PS. Case No.-77 Year-2023 Thana- ANTI District- Gaya
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1. Rajesh Yadav SON OF BHAGLU YADAV RESIDENT OF VILLAGE-
CHANDAINI, PS- AANTI, DIST- GAYA
2. AWADHESH YADAV SON OF BHAGLU YADAV RESIDENT OF
VILLAGE- CHANDAINI, PS- AANTI, DIST- GAYA
... ... Appellant/s
Versus
1. The State of Bihar
2. CHANDA DEVI WIFE OF MAHESH DAS RESIDENT OF VILLAGE-
CHANDAINI, PS- AANTI, DIST- AURANGABAD
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shailesh Kumar Singh, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
For the Respondent/s : Mr. Vishwa Ranjan Choudhary, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-07-2025
Heard Mr. Shailesh Kumar Singh, learned counsel for
the appellants, Mr. Vishwa Ranjan Choudhary, learned counsel
for the opposite party no. 2 and Mr. Sadanand Paswan, learned
Special Public Prosecutor for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
15.12.2023 passed by the learned Exclusive Special Judge,
S.C./S.T., Spl. Court, Gaya in connection with A.B.P. No. 425 of
2023 arising out of Aanti P.S. Case No. 77 of 2023, F.I.R. dated
09.09.2023 registered under Sections 147, 149, 323, 341, 354,
379, 504 and 506 of the Indian Penal Code, Section 3(1-r)(zb)
of the Scheduled Castes and Scheduled Tribes Act and Section
3/4 of Prevention of Witches (Dain Practices Act, 1999).
Patna High Court CR. APP (SJ) No.659 of 2024(3) dt.22-07-2025
2/4
3. According to the prosecution case, on 07.09.2023 at
around 1:00 A.M., while the informant was returning alone,
appellant no. 1 allegedly intercepted her near a temple and
assaulted her with lathi and danda. Appellants and other
accused persons, reportedly snatched her gold bangle, payal,
gold earrings and jitiya. The accused also abused her using caste
related slurs and accused her of being a witch (dain), blaming
her for Brajesh Yadav’s death. They threatened her to leave the
village and warned of killing her entire family.
4. Learned counsel for the appellants submits that the
appellants have clean antecedent and they have falsely been
implicated in the present case. Although the appellants are
named in the F.I.R., but from a bare perusal of the F.I.R., it
appears that there is no specific allegation of any assault, overt
act or abusing by caste name attributed against both the
appellants rather there is general and omnibus allegation against
all the accused persons including the appellants and no offence
is made out under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act against the appellants. Further
submits that the appellants have no intention to abuse the
informant in any manner.
5. Learned counsel for the respondent no. 2 and
Patna High Court CR. APP (SJ) No.659 of 2024(3) dt.22-07-2025
3/4
learned Special Public Prosecutor for the State, on the other
hand, have vehemently opposed the prayer for bail of the
appellants and submits that the appellants are named in the
F.I.R.
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, appellants have
clean antecedent and there is no specific allegation against them
as alleged in the F.I.R. rather there is general and omnibus
allegation against all the accused persons including 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 Exclusive Special Judge, S.C./S.T., Spl.
Court, Gaya in connection with Aanti P.S. Case No. 77 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:-
Patna High Court CR. APP (SJ) No.659 of 2024(3) dt.22-07-2025
4/4i. 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.
ii. If the appellants tamper 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)
Neha/-
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