Bihul Yadav @ Bidhur Yadav @ Ravinder Yadav @ Vidur YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3700 of 2025
                        Arising Out of PS. Case No.-15 Year-2025 Thana- Dhobaha District- Bhojpur
                 ======================================================
                 Bihul Yadav @ Bidhur Yadav @ Ravinder Yadav @ Vidur Yadav Son of
                 Jagan Yadav Resident of Village- Salempur, PS - Dhobaha, Dist- Bhojpur
                                                                           ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Suraj Kumar son of Bharat Ram Resident of Village- Salempur, PS-
                  Dhobaha, Dist- Bhojpur
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Shiv Prasad Gupta, Advocate
                 For the Respondent/s     :        Mr. Binay Krishna, Spl.P.P.
                 For the Informant        :        Mr. Vishwanand Upadhyay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-06-2026                  1. Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel

                   appearing on behalf of the informant.

                                2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 15.05.2025 in A.B.P. No. 729 of 2025 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge,

                   SC/ST, Bhojpur at Ara in connection with Dhobaha P.S. Case

                   No. 15 of 2025 registered under Sections 192(2), 191(3), 190,

                   126(2), 115(2), 75, 109(1), 303(2), 352, 351(2), (3) of the

                   B.N.S., Section 27 of Arms Act as well as Sections 3(1)(r)(s)
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          and 3(ii)(va) of the SC/ST Act.

                       3. In view of the grounds taken in the limitation

          application, delay of 24 days in filing the appeal is condoned, as

          such, I.A. No. 01 of 2025 is allowed.

                       4. Learned counsel appearing on behalf of the

          appellant submits that appellant has antecedent of one case and

          the informant alleges that on 04.02.2025 at 02:30 p.m. a girl

          (Tanu) of his mohalla had gone to attend the call of nature when

          Bhim and Tunna finding her alone used abusive language and

          Bhim caught her cheek and on objection abused by taking caste

          name but the victim managed to come back home and disclosed

          the occurrence to her parents who in turn disclosed the

          occurrence to the informant. Accordingly, the informant along

          with his family members went to inquire when the aforesaid two

          accused persons i.e. Bhim and Tunna started abusing, hence, on

          hearing hulla some members of his mohalla came and thereafter

          Upendra assaulted Mahendra by an iron rod causing injury on

          head while Munna assaulted Vikash by lathi causing injury on

          head. Further, Mithilesh assaulted Indal by lathi and Surendra

          assaulted Soni by lathi causing injury on shoulder. Thereafter,

          Bhola assaulted Pushpa by lathi causing injury on shoulder and

          neck and thereafter Nagendra assaulted the informant by danda
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          causing injury on head and he became unconscious. Further,

          Ravi and Shankar came and started firing and Nagendra

          snatched his locket.

                       5. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that it does not appear

          probable that informant with such precision could have alleged

          who assaulted whom and by what and where. It is next

          submitted that even presuming what has been alleged is true

          without admitting then no specific allegation is alleged against

          the appellant of abuse and assault.

                       6. Learned Special Public Prosecutor for the State and

          learned counsel appearing on behalf of the informant are not in

          a position to rebut the said submissions of the learned counsel

          appearing on behalf of the appellant.

                       7. After hearing the learned counsel for the parties, let

          the appellant, above-named, in the event of his arrest or

          surrender within a period of six weeks from the date of receipt

          of the order, be released on anticipatory bail on furnishing bail

          bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Trial

          Court where the case is pending in connection with the aforesaid
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                     case, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  8. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T