Patna High Court – Orders
Sakaldeo Yadav @ Sakaldeo Kumar vs The State Of Bihar on 17 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4719 of 2024
Arising Out of PS. Case No.-38 Year-2024 Thana- JAMUI District- Jamui
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Sakaldeo Yadav @ Sakaldeo Kumar S/o Bhuneshwar Yadav R/o Village-
Maniyadda, P.S.- Jamui, District- Jamui
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajakishore Paswan, A.S.I. Adarsh Police Station- Jamui, District- Jamui
Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Pankaj Kumar Sinha, Advocate
For the Respondent/s : Ms. Usha Kumari 1, S.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-06-2025
Heard Mr. Pankaj Kumar Sinha, learned counsel for
the appellant and Ms. Usha Kumari-I, learned Special Public
Prosecutor for the State.
2. The informant is a police office, so no notice is
required.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
19.09.2024 passed by the learned Court of Additional District
and Sessions Judge-I, Jamui in ABP No. 1531 of 2024 in
connection with Jamui P.S. Case No. 38 of 2024 F.I.R. dated
20.01.2024 registered under Sections 147, 148, 149, 341, 323,
337, 307, 353, 188, 504 and 506 of the Indian Penal Code and
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Sections 3 (i) (r) (s), 3 (2) (vi) of the Scheduled Castes and
Scheduled Tribes Act.
4. According to the prosecution case, the informant of
the case who is a Sub Inspector, Police Station, Jamui, left the
police station with armed force for patrolling and raid against
illegal mining and transportation of sand. On the way, he was
informed by the senior officer that four-five tractors loaded with
illegal sand are going towards Jamui from Daulatpur Ghat. For
verification of this information and necessary action, he reached
near Daulatpur Ghat with armed force at 8:45 am and saw that
four-five tractors loaded with sand are leaving from the ghat,
which started running after seeing the police force. They were
chased with the help of armed force, but all the tractor drivers
managed to escape. Thereafter, while returning from Daulatpur
Ghat with armed force, about thirty-forty persons stood in front
of the police vehicle near the memorial temple in Daulatpur
village and pulled out the driver of the police vehicle, Guddu
Kumar and started slapping him. When he tried to intervene,
they started abusing him using casteist slurs. When he tried to
pacify them, the mob attacked him with intent to kill. The
attackers were saying, “We had explained to you last time not to
come here, you had implicated us earlier also under the Harijan
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Act, we will not spare you.” It is further stated in the application
that somehow he and the police force managed to escape, but
the attackers followed the police vehicle and reached near
Maniadda. When he and the police force started chasing the
attackers, one of them, who was driving the Apache motorcycle,
fell down and left the motorcycle and fled. The fallen Apache
motorcycle was duly seized in the presence of two independent
witnesses. The villagers told that the driver of this motorcycle
was Chhotu Kumar Yadav and the owner was Sakaldev Yadav
son of Muneshwar Yadav and the other attackers were Nivas
Yadav, Neeraj Kumar, Ramdev Yadav, Rohit Yadav etc.
5. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been
implicated in the present case on the basis of suspicion and
disclosure made by the local chowkidar. He further submits that
the allegation as alleged in the F.I.R. is false and fabricated and
the appellant has not committed any offences as alleged in the
F.I.R. He further submits that from the perusal of the F.I.R that
one motorcycle was recovered from the place of occurrence and
the local people as well as local chowkidar informed that the
appellant is the owner of the motorcycle in question but it has
been come during the investigation that owner of the
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motorcycle, in question, is one Girish Kumar Singh son of Late
Maheshwar Prasad and the petitioner has no concerned with the
present occurrence or said Girish Kumar Singh.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant.
7. 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.
8. Hence, let the appellant, above named, in the event
of his arrest to 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 Additional District and Sessions
Judge-I, Jamui in connection with Jamui P.S. Case No. 38 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. 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
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reason, his 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.
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
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)
Jyoti Kumari/-
U T