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Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is partially allowed: bail is granted to appellant 2 but denied to appellant 1.

Summary

Munna Yadav (appellant 1) and Gorak Yadav (appellant 2) were charged under multiple sections of the Bihar Penal Code, the Arms Act and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act in connection with a violent incident in Dhobaha where several persons were assaulted and injured. Both appellants sought anticipatory bail, contending that they were falsely implicated and that the allegations against them were either vague or unrelated to the core offence. The Special Public Prosecutor and the informant opposed the bail, arguing that specific assaults were attributed to Munna Yadav and that no clear charge existed against Gorak Yadav. The Patna High Court held that the appeal was partially allowed: bail was granted to appellant 2 (Gorak Yadav) upon surrender and furnishing bail bonds, while anticipatory bail was denied to appellant 1 (Munna Yadav). The court directed that appellant 2 be released on bail subject to conditions under Section 482(2) of the Bihar Negotiable Substitution (B.N.S.) and dismissed the bail request of appellant 1.

Issues considered

  • Whether the appellants are entitled to anticipatory bail under the provisions of the Criminal Procedure Code and the SC/ST Act.
  • Whether the allegations against appellant 2 are sufficiently specific to warrant denial of bail.
  • Whether the conduct of appellant 1 justifies the refusal of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Castes & Scheduled Tribes Act
  • false implication
  • assault
  • bail conditions
  • criminal procedure
  • scheduled caste violence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2843 of 2025
                        Arising Out of PS. Case No.-15 Year-2025 Thana- Dhobaha District- Bhojpur
                 ======================================================
           1.     Munna Yadav S/o Jagan Yadav R/o Vill.- Salempur, PS- Dhobahan, Distt.-
                  Bhojpur
           2.    Gorak Yadav @ Sanoj Kumar Yadav @ Gorakh Yadav @ Sanoj Yadav S/o
                 Raghubir Yadav @ Bira Yadav R/o Vill.- Salempur, PS- Dhobaha, Distt.-
                 Bhojpur

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Suraj Kumar S/o Bharat Ram R/o Vill.- Salempur, PS- Dhobaha, Distt.-
                 Bhojpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Shiv Prasad Gupta
                 For the Respondent/s     :        Mr.Binay Krishna
                                                   Mr.Vishwanand Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   04-05-2026                  1. Heard the learned counsel for the appellants, the

                   learned Special Public Prosecutor for the State and the learned

                   counsel appearing on behalf of the informant.

                                2. The appellants have challenged the order dated

                   12.06.2025 passed by the learned 1st Additional Sessions Judge-

                   cum-Special Judge, SC/ST Act, Bhojpur at Ara in connection

                   with ABP No.1533 of 2025 arising out of Dhobaha P. S. Case

                   No.15 of 2025, instituted for the offences under Sections 192(2),

                   191(2), 191(3), 190, 126(2), 115(2), 74, 75, 109(1), 303(2), 352,

                   351(2)(3) of the B.N.S., Section 27 of the Arms Act and Section
Patna High Court CR. APP (SJ) No.2843 of 2025(3) dt.04-05-2026
                                             2/4




          3(i)(r)(s), 3(ii)(va) of the Scheduled Castes & Scheduled Tribes

          (Prevention of Atrocities) Act, 1989, whereby their prayer for

          grant of anticipatory bail has been rejected.

                       3. The learned counsel appearing on behalf of the

          appellants submits that appellant no.1 has antecedent of two

          cases and appellant no.2 is a person with clean antecedent and

          the informant alleges that on 04.02.2025 at 2.30 P.M. Tannu was

          going to the field to attend the call of nature, when Bhim held

          her cheeks, on protest he abused by taking caste name and

          Tunna pulled her arms. Accordingly, the informant with his

          family members went to the house of the aforesaid two accused

          persons when seven named accused persons including the

          appellants came and Upendra assaulted Mahendra by rod

          causing injury on head who fell and became unconscious,

          thereafter Munna (appellant no.1) assaulted Vikash by danda

          causing injury on head. Further, Nitu Yadav assaulted Indal by

          danda thereafter Surendra assaulted Soni by danda causing

          injury on shoulder. Further, Bhola assaulted Pushpa by danda

          causing injury on shoulder and neck and Nagendra assaulted

          informant by danda causing injury on head. It is next alleged

          that Shankar and Ravi came and started firing and the injured

          were taken to hospital.
Patna High Court CR. APP (SJ) No.2843 of 2025(3) dt.04-05-2026
                                             3/4




                       4. The learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that thrust of the allegation of

          acting inappropriately with Tannu is against Bhim and Tunna. It

          is further submitted that informant along with his family

          members had gone to the house of the two accused persons

          when the occurrence is alleged to have taken place and Munna

          is alleged to have assaulted Vikash by danda causing injury on

          head, but then as far as appellant no.2 is concerned, the

          allegation against him is general and omnibus in nature.

                       5. The learned Special P.P. as well as the learned

          counsel appearing on behalf of the informant opposes the

          appeal. The learned counsel appearing on behalf of the

          informant submits that Munna has antecedent of two cases and

          is alleged to have assaulted Vikash by danda causing injury on

          head but then is not in a position to rebut the submission of the

          learned counsel appearing on behalf of the informant that no

          specific allegation of assault or abuse is alleged against the

          appellant no.2.

                       6. After hearing the learned counsel for the parties,

          the appeal is partly allowed, the order is partly set aside with

          respect to appellant no.2.
               Patna High Court CR. APP (SJ) No.2843 of 2025(3) dt.04-05-2026
                                                            4/4




                                      7. The appellant no.2, above-named, in the event of

                         his arrest or surrender before the learned Court below within a

                         period of eight weeks, is directed to be released on bail on his

                         furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five

                         Thousand) each with two sureties of the like amount each to the

                         satisfaction of learned 1st Additional Sessions Judge-cum-

                         Special Judge, SC/ST Act, Bhojpur at Ara in connection with

                         ABP No.1533 of 2025 arising out of Dhobaha P. S. Case No.15

                         of 2025, subject to the conditions laid down under Section

                         482(2) of the B.N.S.S.

                                      8. So far as appellant no.1 is concerned, the Court is

                         not inclined to extend the privilege of anticipatory bail to the

                         appellant no.1.

                                      9. The prayer of the appellant no.1 for anticipatory

                         bail stands rejected.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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