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Patna High Court

RAM VRIKSH YADAV @ RAM VRIKSH PRASAD YADAVversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to bond and surety conditions.

Summary

The appellants, Ram Vriksh Yadav and Pankaj Yadav, were charged under IPC sections 341, 323, 379/34 and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant and stealing jewellery and cash. Their anticipatory bail application was rejected by the Exclusive Special Judge, SC/ST Special Court, Gaya. The appellants contended that the allegations were vague, lacked any specific overt act against them, and were motivated by personal enmity, asserting a clean antecedent. The Special Public Prosecutor opposed bail. The Patna High Court, after hearing counsel, held that the lower court's order denying anticipatory bail was untenable and ordered bail on the condition of furnishing bonds and sureties, provided the appellants surrender within eight weeks. Consequently, the appeal was allowed and the impugned order set aside for the appellants.

Issues considered

  • Whether the appellants are entitled to anticipatory bail despite the allegations under IPC and the SC/ST (Prevention of Atrocities) Act.
  • Whether the prosecution has established a specific overt act sufficient to sustain the charges under the cited provisions.
  • Whether the lower court erred in rejecting the bail application on the facts presented.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • SC/ST Act
  • assault
  • theft
  • bail conditions
  • caste based offence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4157 of 2023
                      Arising Out of PS. Case No.-251 Year-2023 Thana- WAJIRGANJ District- Gaya
                 ======================================================
           1.     Ram Vriksh Yadav @ Ram Vriksh Prasad Yadav Son of Late Muneshwar
                  Yadav Village- Malikpur Ps- Wazirganj Dist- Gaya
           2.    Pankaj Yadav @ Pankaj Kumar son of Ram Vriksh Yadav @ Ram Vriksh
                 Prasad Yadav Village- Malikpur Ps- Wazirganj Dist- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Rahul Chaudhary son of Rup Lal Chaudhary Village- Kandha Ps- Wazirganj
                 Dist-Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Dhirendra Kumar Jha, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   19-03-2026                   Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel for the appellants and the

                   State.

                               3. This appeal has been filed against the order dated

                   10.08.2023 passed by learned Exclusive Special Judge, SC/ST

                   Special Court, Gaya in ABP No. 263 of 2023 arising out of

                   Wazirganj P.S. Case No. 251 of 2023 registered under Sections

                   341, 323, 379/34 of the Indian Penal Code and Section 3(1)(r)

                   (s), 3(2)(va) of Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, whereby the prayer for
Patna High Court CR. APP (SJ) No.4157 of 2023(4) dt.19-03-2026
                                             2/3




          anticipatory bail of appellants has been rejected.

                       4. Prosecution case, in brief, is that on 30.04.2023 at

          about 4 PM, all the F.I.R. named accused persons, including

          these appellants, started abusing informant by caste name. Upon

          protest, the accused persons assaulted informant by means of

          lathi and fists and snatched gold jewellery and Rs. 5,500/- from

          his pocket.

                       5. Learned counsel for the appellants submits that

          appellants are innocent and have committed no offence.

          Allegation of assault is general and omnibus and there is no

          allegation of any specific overt act against the appellants. As a

          matter of fact, appellants have falsely been implicated in this

          false and concocted case due to prior enmity. After

          investigation, police did not find the allegation under Section

          379 IPC to be true. It is not the case of informant that alleged

          incident occurred within public view and as such, no case under

          SC/ST Act is made out against the appellants. Appellants claim

          clean antecedent.

                       6. Learned Spl. Public Prosecutor for the State

          vehemently opposed the bail application.

                       7. Considering the aforesaid facts, let the appellants,

          as named above, in the event of their arrest/surrender within a
              Patna High Court CR. APP (SJ) No.4157 of 2023(4) dt.19-03-2026
                                                           3/3




                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of

                        learned Exclusive Special Judge, SC/ST Special Court, Gaya in

                        ABP No. 263 of 2023 arising out of Wazirganj P.S. Case No.

                        251 of 2023.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 10.08.2023 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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