Patna High Court
Ranjeet YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and granted conditional anticipatory bail to the appellant.
Summary
The appellant, Ranjeet Yadav, was charged under several provisions of the IPC, the Arms Act and the SC/ST (Prevention of Atrocities) Act for an alleged assault on the informant's nephew. He applied for anticipatory bail, which was rejected by the Additional Sessions Judge. On appeal, the counsel argued that the charge of assault was general, that no specific act was alleged against the appellant under the SC/ST Act, and that he had a clean antecedent. The High Court accepted that the allegations were not specifically directed at the appellant and that his clean record warranted bail. Consequently, the court set aside the lower court’s order and granted conditional anticipatory bail to the appellant, allowing the appeal to succeed.
Issues considered
- Whether the appellant is specifically charged with an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the nature of the allegations and the appellant's clean antecedent justify the grant of anticipatory bail.
- Whether the order rejecting anticipatory bail should be set aside.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- clean antecedent
- specific accusation
- criminal appeal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3981 of 2024
Arising Out of PS. Case No.-77 Year-2024 Thana- CHHABILAPUR District- Nalanda
======================================================
Ranjeet Yadav Son of Jagdish Yadav Resident of Nansut Bigha, Chhabilapur,
P.S.- Chhabilapur, District- Nalanada, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanju Devi Wife of Dukhan Manjhi R/O Meyaar, P.S.- Chhabilapur, Dist.-
Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ayush Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 15-01-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
03.08.2024 passed by learned Additional Sessions Judge 6 th cum
Special Judge, SC/ST (POA) Act, Biharsharif, Nalanda in ABP
No. 1214 of 2024 arising out of Chhabilapur P.S. Case No. 77 of
2024 registered under Sections 341, 323, 307, 504, 506/34 of
the Indian Penal Code, Section 25(1-b)a, 26, 27, 35 of Arms Act
and Section 3(1)(r)(s), 3(2)(va) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.3981 of 2024(5) dt.15-01-2026
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prayer for anticipatory bail of appellant has been rejected.
4. As per F.I.R., on 25.06.2024 at about 6 AM, all the
named accused persons including this appellant assaulted the
nephew of informant with fists and slaps.
5. Learned counsel for the appellant submits that
allegation of assault is general and omnibus and there is no
specific accusation of any overt act against the appellant.
Specific accusation of assault and firing is against other accused
persons. There is no specific accusation that this appellant
abused informant by caste name and as such, no case under
SC/ST Act is made out against him. Appellant claims clean
antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and clean
antecedent, let the appellant, as named above, in the event of his
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge 6th cum
Special Judge, SC/ST (POA) Act, Biharsharif, Nalanda
Chhabilapur P.S. Case No. 77 of 2024.
Patna High Court CR. APP (SJ) No.3981 of 2024(5) dt.15-01-2026
3/3
8. Accordingly, this criminal appeal is allowed and
impugned order dated 03.08.2024 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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