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Patna High Court

Akhilesh Kumar @ Aklesh Yadav @ Akhilesh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court set aside the Special Judge's order for appellant Shishupal Yadav, granting him anticipatory bail, while refusing bail to the other two appellants.

Summary

The appellants challenged the order of the Special Judge that rejected their anticipatory bail applications in a case involving alleged assault and grievous injuries under several sections of the B.N.S. and the SC/ST (POA) Act. The informant alleged that Akhilesh Yadav and his brothers extorted money and assaulted him, his wife and daughter, leading to an FIR filed a day after the incident and a medical report filed a month later. The appellants argued that the delay in filing the FIR and the injury report raised doubts about the prosecution's case. The High Court held that there was insufficient material to grant anticipatory bail to the first two accused, but, noting the lack of prior criminal antecedents for Shishupal Yadav, granted him anticipatory bail with strict conditions. Consequently, the order of the Special Judge was set aside with respect to Shishupal Yadav, while the bail applications of the other two appellants remained rejected.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the B.N.S. and SC/ST (POA) Act in view of the alleged offences.
  • Whether the delay in lodging the FIR and filing the injury report defeats the prosecution's case for denying bail.
  • Whether the allegations against each accused are sufficient to justify denial of anticipatory bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 127(2), 3(4), 351(2)(3), 352, 76

Subjects

  • anticipatory bail
  • SC/ST (POA) Act
  • B.N.S.
  • criminal procedure
  • delay in FIR
  • bail conditions
  • special court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4163 of 2025
                         Arising Out of PS. Case No.-71 Year-2024 Thana- SC/ST District- Nawada
                 ======================================================
           1.     Akhilesh Kumar @ Aklesh Yadav @ Akhilesh Yadav S/o Vijay Yadav R/o
                  Village- Kharhsari, PS and P.O- Kawakole, Distt- Nawada
           2.    Dular Chand Kumar @ Dular Yadav S/o Vijay Yadav R/o Village-
                 Kharhsari, PS- Kawakole, Distt- Nawada
           3.    Shishupal Yadav S/o Vijay Yadav R/o Village- Kharhsari, PS- Kawakole,
                 Distt- Nawada

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Manoj Chaudhary S/o Ramchandra Chaudhary R/o Village- Golakdih, PS-
                 Kawakole, Distt- Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sanjay Kumar Sinha, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Spl. PP
                 For the Informant       :        Mr. Ram Pravesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   16-04-2026                    Heard Mr. Sanjay Kumar Sinha, learned counsel for

                   the appellants and Mr. Ram Pravesh Kumar for the informant as

                   also learned Spl. PP representing the State.

                                2. This appeal has been filed for setting aside the

                   order dated 17.06.2025 passed by the learned Special Judge,

                   Exclusive Special Court SC/ST (POA) Act, Nawada in

                   connection with SC/ST P.S. Case No. 71 of 2024 registered for

                   the offence punishable under sections 126(2), 127(2), 115(2),

                   351(2)(3), 352, 109, 76 and 3(4) of the B.N.S. and section 3(i)

                   (r)(s)(w) and 3(2)(va) of the SC and ST (POA) Act, whereby the
Patna High Court CR. APP (SJ) No.4163 of 2025(5) dt.16-04-2026
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          prayer for anticipatory bail of the appellant has been rejected.

                       3. As per the prosecution story, the informant alleged

          that he is a labour and upon return to home, Akhilesh Yadav

          wanted extortion of Rs.20,000/-. As he showed his inability,

          later, in the evening, the appellant no.1 returned with his

          associates and allegation is that Akhilesh Yadav gave iron rod

          blow on the head causing injury to him. When the wife Gulabo

          Devi came to his rescue alongwith the children, Dular Yadav

          assaulted his wife causing fracture in the right hand, Akhilesh

          Yadav again gave iron rod blow to him in his left hand while

          Shishupal Yadav, it is alleged that he assaulted the daughter of

          the informant by throwing her down to the Earth. This led to the

          F.I.R..

                       4. Learned counsel for the appellants submit that for

          an occurrence that took place on 03.08.2024, F.I.R. was lodged

          a day later on 04.08.2024 and the reason has not been assigned.

          Further, the injury report has come in the month of September,

          2024 more than one month after the occurrence which shows

          doubt.

                       5. Mr. Ram Pravesh Kumar, learned counsel for the

          informant on the other hand submits that both the informant and

          Gulabo Devi suffered grievous injury and the role has been

          assigned to Akhilesh Yadav and Dular Yadav respectively.
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                       6. Considering the submissions of the parties as also

          the material on record and the injury report, no case for relief is

          made out so far as the appellant nos. 1 and 2, namely Akhilesh

          Kumar @ Aklesh Yadav @ Akhilesh Yadav and Dular Chand

          Kumar @ Dular Yadav respectively are concerned, their

          anticipatory bail application stands rejected.

                       7. So far as appellant no.3, Shishupal Yadav is

          concerned, taking into account that allegation of throwing the

          daughter on the ground has only been assigned to him, he do not

          have criminal antecedent, in that background, this Court is

          inclined to extend him relief.

                       8. The impugned order dated 17.06.2025 passed by

          the learned Special Judge, Exclusive Special Court SC/ST

          (POA) Act, Nawada in connection with SC/ST P.S. Case No. 71

          of 2024 stands set aside and the appeal is allowed with respect

          to appellant no.3, Shishupal Yadav.

                       9. Let the appellant no.3, Shishupal Yadav, in the

          event of arrest/surrender within a period of eight weeks from the

          date of receipt/production of a copy of this order, be enlarged on

          bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Special Judge, Exclusive Special Court SC/ST (POA)
Patna High Court CR. APP (SJ) No.4163 of 2025(5) dt.16-04-2026
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          Act, Nawada in connection with SC/ST P.S. Case No. 71 of

          2024.

                       (i) one of the bailor should be the family

          member/relative of the appellant no.3, Shishupal Yadav who

          shall provide official document (Aadhar Card/Voter Id/Driving

          License/Pan Card) to show his/her bona fide;

                       (ii) the appellant no.3, Shishupal Yadav shall be

          appearing before the Police Station as and when required for

          cooperating in the investigation;

                       (iii) the appellant no.3, Shishupal Yadav shall appear

          on each and every date before the Trial Court and failure to do

          so for two consecutive dates without plausible reason will entail

          cancellation of his/her bail bond by the Trial Court itself;

                       (iv) the appellant no.3, Shishupal Yadav shall appear

          before the concerned police station every month for next six

          months to mark his attendance and at the end of the period a

          certificate be submitted before the Trial Court failing which the

          State shall be at liberty to take steps for cancellation of bail

          bonds;

                       (v) the appellant no.3, Shishupal Yadav shall in no

          way try to induce or promise or threat the witnesses or tamper

          with the evidences, failing which the State shall be at liberty to
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                      take steps for cancellation of the bail bonds;

                                   (vi) the appellant no.3, Shishupal Yadav shall desist

                      from committing any criminal offence again, failing which the

                      State shall be at liberty to take steps for cancellation of bail

                      bonds.

                                   10. However, if the appellant nos. 1 and 2, namely

                      Akhilesh Kumar @ Aklesh Yadav @ Akhilesh Yadav and Dular

                      Chand Kumar @ Dular Yadav respectively, surrender within a

                      period of four weeks, files bail application, the court concerned

                      shall consider the matter and dispose it of preferably on the

                      same day.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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