Patna High Court
Dhoni YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed and the anticipatory bail is not granted.
Summary
The appellant, Dhoni Yadav, was charged with conspiracy to murder under several sections of the BNS and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The trial court rejected his anticipatory bail application, prompting an appeal. The appellant argued that he was falsely implicated, not named in the FIR, and that no incriminating material was found on him, making anticipatory bail maintainable. The State contended that the offence under the SC/ST Act was committed against an informant and that the case was maintainable. After considering the submissions, the High Court dismissed the appeal, directing the appellant to surrender within four weeks and to seek regular bail.
Issues considered
- Whether the anticipatory bail application of the appellant should be granted under the SC/ST (POA) Act.
- Whether the appellant is properly implicated in the FIR and the case is maintainable under the SC/ST (POA) Act.
Legislation cited
- BNS — s. 103(1), 118, 126(2), 190, 191(1), 191(2)
Subjects
- anticipatory bail
- SC/ST (POA) Act
- conspiracy to murder
- false implication
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3589 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Dhoni Yadav Son of Sri Lalbahadur Yadav Resident of village - Parbatiya
Tola, P.S.- Bettiah Muffasil, District - West Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jitan Ram Son of Late Ramdeo Ram Resident of village - Barwat Sena, P.S.-
Bettiah Muffasil, District - West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sharad Kumar Verma, Advocate
For the Respondent/s : Ms.Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
19.08.2025 passed by the learned 1st Additional Sessions Judge-
cum- Special Judge, under SC and ST Act, West Champaran at
Bettiah in connection with Bettiah Muffasil P.S. Case No. 313 of
2025 registered for the offence under Sections 190, 191(1),
191(2), 126(2), 118, 103(1) of the BNS and under section 3 (2)
(v), 3(1) (r) (s) of S.C/S.T. (POA) Act by which anticipatory bail
filed by the appellant has been rejected.
3. As per the prosecution case, appellant and others
are accused to have conspired to kill the deceased.
4. Learned counsel for the appellants submits that the
Patna High Court CR. APP (SJ) No.3589 of 2025(4) dt.12-03-2026
2/2
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as the
appellant is not named in the FIR and no incriminating article
has been recovered from his possession and therefore the
application of the anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it appear that
offence has been committed against the informant under SC/ST
Act and this case is held to be maintainable and during
investigation, materials have come to support this application.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail.
(Sandeep Kumar, J)
tusharika/-
U T
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