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Patna High Court

Ranjeet YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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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