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Patna High Court

Pinku Yadav @ Pinku Kumar @ Amresh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the appellants were found to be part of a criminal gang and the allegations under the SC/ST Act were substantiated.

Summary

The appellants Pinku Yadav, Ranvir Yadav and Lallu Mukhiya were charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act for allegedly assaulting an informant and threatening him. Lallu Mukhiya (Appellant No. 3) withdrew his part of the appeal, leaving the case against Appellants No. 1 and 2. The appellants sought anticipatory bail, claiming they were falsely implicated and that the SC/ST Act did not apply. The court examined the FIR, noting that the two remaining appellants acted as henchmen of Lallu Mukhiya and had multiple prior criminal antecedents, indicating a criminal gang. Considering the seriousness of the offences and the risk of further disturbance, the court refused anticipatory bail, dismissed the appeal, and ordered the appellants to surrender within a week and apply for regular bail.

Issues considered

  • Whether anticipatory bail can be granted to the appellants under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether the facts disclose a prima facie case under the SC/ST Act against the appellants.
  • Whether the withdrawal of Appellant No. 3 affects the continuation of the appeal against Appellants No. 1 and 2.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • criminal gang
  • withdrawal of appeal
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.1019 of 2025
                         Arising Out of PS. Case No.-831 Year-2024 Thana- BARH District- Patna
                 ======================================================
           1.     Pinku Yadav @ Pinku Kumar @ Amresh Kumar Son of Lalbabu Yadav @
                  Brahmachari Krishna Chandra Resident of Village - Tika Chak,
                  Mahammadpur, P.S. - Barh, District - Patna
           2.    Ranvir Yadav @ Ranvir Kumar Son of Late Ramvilash Prasad Resident of
                 Village - Gulab Bag, P.S. - Barh, District - Patna
           3.    Lallu Mukhiya @ Karnvir Singh Yadav Son of Late Ramvilash Prasad
                 Resident of Village - Gulab Bag, P.S. - Barh, District - Patna

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Hira Das Son of Bal Govind Das Resident of Village - Purani Barh, P.S. -
                 Barh, District - Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Chitranjan Sinha, Sr. Advocate
                                                  Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Jharkhandi Upadhyay, APP
                                                  Mr. Binay Krishna
                 For the Res No.2        :        Mr. Ajay Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   12-03-2026                  Heard the learned senior counsel for the appellants,

                   the learned APP for the State, and the learned counsel for the

                   Respondent No. 2.

                                2. Learned Senior Counsel for the appellants submits

                   that an Interlocutory Application bearing I.A. No. 01 of 2025

                   has been filed on behalf of Appellant No. 3, Lallu Mukhiya @

                   Karnvir Singh Yadav, seeking permission to withdraw Criminal

                   Appeal (S.J.) No. 1019 of 2025 so far as Appellant No. 3 is

                   concerned. It is further submitted that the appellant has
Patna High Court CR. APP (SJ) No.1019 of 2025(4) dt.12-03-2026
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          surrendered before the learned court below in connection with

          Barh P.S. Case No. 98 of 2023 on 29.11.2025, has been

          remanded to judicial custody, and is presently in judicial

          custody.

                       3. For the reasons mentioned in the interlocutory

          application, I.A. No. 01 of 2025 is allowed. Accordingly, the

          present appeal filed on behalf of the Appellant No. 3, Lallu

          Mukhiya @ Karnvir Singh Yadav is dismissed as withdrawn.

                       4. This case is now been limited to Appellant No. 1

          and 2 only.

                       5. This appeal is preferred against the order dated

          21.02.2025 passed by the learned Exclusive Special Judge,

          SC/ST (POA)Act, Patna passed in ABP No. 657 of 2025 arising

          out of Barh P.S. Case No. 831 of 2024 registered for the offence

          under Sections 126(2), 115(2), 117(2), 303(2), 308(2), 3(5) of

          the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(i)(r)(s),

          3(2)(va) of the SC/ST Act, by which the prayer of the appellants

          for anticipatory bail was rejected.

                       6. The prosecution story, in brief, is that on

          28.10.2024 at around 8:00 a.m., the petitioners, along with two

          unknown persons, came to the house of the informant and took

          him into their vehicle on the pretext that Lallu Mukhiya was
Patna High Court CR. APP (SJ) No.1019 of 2025(4) dt.12-03-2026
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          calling him. The informant was allegedly assaulted with the butt

          of a pistol, and his mobile phone was snatched. While being

          taken in the vehicle, the informant jumped out and, as a result,

          fractured both his hands. The informant managed to flee.

          Subsequently, the informant was being threatened through

          mobile.

                       7. Learned Senior counsel for the appellants submits

          that the appellants have falsely been implicated in this case and

          no offence under the provisions of SC/ST Act is made out in this

          case and therefore, this anticipatory bail application is

          maintainable.

                       8. Learned counsel for the State and the learned

          counsel for the informant have opposed the prayer of the

          appellants.

                       9. From the reading of the entire FIR, it appears that

          two appellants are the henchmen of Lallu Mukhiya (Appellant

          No. 3) and on the orders of Appellant No. 3, they have forced

          the informant to come with them. Appellant No. 1 has one

          criminal antecedent, Appellant No. 2 has 7 criminal antecedents,

          and Appellant No. 3 has 13 criminal antecedents.

                       10. From the perusal of the entire material available

          on record, it appears that it is a gang of criminals headed by
            Patna High Court CR. APP (SJ) No.1019 of 2025(4) dt.12-03-2026
                                                         4/4




                      Lallu Mukhiya and they are creating havoc in the local area.

                                   11. Considering the above facts and circumstances of

                      the case, I am not inclined to grant the privilege of anticipatory

                      bail to Appellant No. 1 and 2 in the present case.

                                   12. Accordingly, the appeal for anticipatory bail is

                      dismissed.

                                   13. The Appellant Nos. 1 and 2 are directed to

                      surrender in the concerned Court below within a period of one

                      week from today and seek regular bail, failing which the Senior

                      Superintendent of Police, Patna will take all steps for the arrest

                      of the appellants and he shall file a compliance report to this

                      Court within three weeks from today.

                                   14. Let a copy of this order be communicated to the

                      Senior Superintendent of Police, Patna through FAX for its

                      compliance forthwith.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T


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