Chandra Shekhar YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4351 of 2025
                        Arising Out of PS. Case No.-8 Year-2024 Thana- SC/ST District- Madhepura
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           1.     Chandra Shekhar Yadav S/O Anmol Yadav R/O Village- Betauna Ward No
                  14, Post- Godhela, P.S.- Bharrahi, District- Madhepura- 852113
           2.    Sanju Devi W/O Chandra Shekhar Yadav R/O Village- Betauna Ward No 14,
                 Post- Godhela, P.S.- Bharrahi, District- Madhepura- 852113
           3.    Lukhi Devi @ Lukhiya Devi W/O Anmol Yadav R/O Village- Betauna Ward
                 No 14, Post- Godhela, P.S.- Bharrahi, District- Madhepura- 852113

                                                                                    ... ... Appellants
                                                        Versus
           1.    The State of Bihar
           2.    Mira Devi W/O Yogendra Rajak R/O Village- Betauna Ward No 14, Post-
                 Godhela, P.S.- Bharrahi, District- Madhepura- 852113

                                                           ... ... Respondents
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                 Appearance :
                 For the Appellant/s     :        Dr. Pranav Kumar
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   08-04-2026                     Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State.

                               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 23.09.2025 passed by the learned 1st Additional

                   District and Sessions Judge-cum-Special Judge S.C./S.T. (POA)

                   Act, Madhepura in connection with Madhepura SC/ST P.S. Case

                   No. 08 of 2024 registered for the offences punishable under
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          Sections 341, 323, 504, 506 and 34 of the IPC and Section 3(1)

          (2)(va) of the SC and ST Act.

                       3. Learned Spl.P.P. submits that in compliance of the

          order dated 11.11.2025, he had informed the Superintendent of

          Police about the pendency of the instant appeal and to

          communicate the same to the informant so that he appears on

          the fixed date. It is further submitted that despite respondent no.

          2 receiving notice chooses not to appear and contest.

                       4. Learned counsel for the appellants submits that the

          appellants are persons with clean antecedent and appellant nos.

          2 and 3 are women and the informant alleges that the accused

          persons including the appellants came and started digging her

          land, on objection, Anmol dashed her on the ground and abused

          by taking caste name and Chandrashekhar tore her blouse and

          assaulted by fist on her chest while Lukhi Devi snatched her

          chain and gave it to Sanju Devi and Chandrashekhar assaulted

          her husband by kudal causing injury.

                       5. Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the instant case by the

          informant on account of dispute relating to land. It is next

          submitted that police after investigation submitted final form

          exonerating the appellants of the allegations as alleged in the
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          FIR but then the learned trial court differing with the police

          report took cognizance. It is also submitted that since

          cognizance has been taken, as such, prima face case is made out

          hence rigour of Section 18 of the SC Act shall apply but then it

          is also submitted that when one Investigating Agency after

          threadbare investigation came to a considered conclusion that

          appellants are innocent, whether it would be prudent for the

          court to send the appellants to jail based on an order of

          cognizance which came to be taken based on the same police

          report which exonerated the appellants of the allegation.

                       6. Learned Spl.P.P. for the State opposed the prayer

          for anticipatory bail of the appellants but then is not in a

          position to rebut the submission of the learned counsel

          appearing for the appellants that police after investigation

          submitted final form exonerating the appellants of the

          allegations as alleged in the FIR.

                       7. At this stage, learned counsel appearing for the

          appellants submits that this perhaps explains as to why

          informant despite receiving the notice chooses not to appear and

          contest.

                       8. After hearing the learned counsel for the parties, the

          Court was inclined to grant the privilege of anticipatory bail to
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                     the appellants but for the order of cognizance, as such, the

                     appeal is disposed of with a direction to the appellants to

                     surrender before the learned trial court on 20.04.2026, if the

                     appellants surrender before the learned trial court on

                     20.04.2026, in that event the learned trial court shall consider

                     the case on the same day keeping in mind the fact that the police

                     after investigation had exonerated the appellants of the

                     allegations as alleged in the FIR.

                                  9. The appeal stands disposed of.



                                                (Satyavrat Verma, J)
Gaurav Sinha/-

U      T