Patna High Court
Pankaj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and the appellant is granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The appellant, Pankaj Yadav, appealed against the Special Judge's order dated 22‑02‑2024 that denied his anticipatory bail in a case under several IPC sections and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The appellant argued that the notice served to the co‑accused was valid under a jointness application and that the allegations were merely ornamental, citing his clean antecedent. The Special Public Prosecutor opposed bail. The Patna High Court, after considering the submissions, set aside the lower court's order, held that the bail application was maintainable, and directed that the appellant be released on bail upon surrender, subject to conditions under Section 438(2) of the Cr.P.C. The appeal was therefore allowed.
Issues considered
- Whether the order rejecting anticipatory bail under the SC/ST Act and IPC offences is legally sustainable
- Whether the notice served via a jointness application is valid and sufficient
- Whether the nature of the alleged offences justifies denial of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 334, 34, 341, 379, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- notice validity
- jointness application
- bail grant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1360 of 2024
Arising Out of PS. Case No.-696 Year-2023 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Pankaj Yadav Son of Upendra Yadav Resident of Village- Parora, Police
Station- K. Nagar, District- Purnia
... ... Appellant/s
Versus
1. The State of Bihar
2. Satish Paswan Son of Late Surendra Paswan Resident of Ward no. 12,
Parora, Police Station- K. Nagar, District- Purnia
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rakesh Kumar Jha
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 30-06-2026 1. Heard learned counsel for the appellant and the
learned Special Public Prosecutor for the State.
2. The learned counsel for the appellant submits that a
jointness application has been filed wherein it has been
specifically pleaded that wife resides with the respondent no.2,
who had received the notice on his behalf, as such, the notice is
deemed to be validly served.
3. The appellant has challenged the order dated
22.02.2024 passed by the learned Special Judge, SC/ST Act,
Purnia in connection with ABP No.159 of 2023 arising out of K.
Nagar P. S. Case No.696 of 2023, instituted for the offences
under Sections 341, 323, 334, 379, 504 and 506/ 34 of the
Patna High Court CR. APP (SJ) No.1360 of 2024(7) dt.30-06-2026
2/3
Indian Penal Code and Section 3(i)(r)(s) of the Scheduled
Castes & Scheduled Tribes (Prevention of Atrocities) Act,
whereby his prayer for grant of anticipatory bail has been
rejected.
4. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and from perusal of the allegations as alleged in the
FIR, it would manifest that allegations against the appellant is
ornamental i.e. appellant is alleged to have snatched the chain of
Chhotu Kumar. It is further submitted that allegation of abuse
and assault as far as appellant is concerned, the same is general
and omnibus in nature. It is further submitted that this perhaps
explains why informant despite receiving notice chooses not to
appear and contest.
5. The learned Special P. P. opposes the bail
application.
6. Regard being had to the aforesaid submissions, the
order dated 22.02.2024 is set-aside.
7. The appeal stands allowed.
8. The appellant, above-named, in the event of
his arrest or surrender before the learned Court below within a
period of six weeks, is directed to be released on bail on his
Patna High Court CR. APP (SJ) No.1360 of 2024(7) dt.30-06-2026
3/3
furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five
Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, SC/ST Act, Purnia in
connection with ABP No.159 of 2023 arising out of K. Nagar P.
S. Case No.696 of 2023, subject to the conditions laid down
under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.