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Patna High Court

Sukhdev Yadav @ Bhaglu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order rejecting anticipatory bail was set aside and the appeal was allowed, granting bail to the appellant subject to conditions under Section 482(2) of the BNSS.

Summary

The appellant, Sukhdev Yadav, appealed against the order of the Exclusive Special Judge that denied his anticipatory bail in a case involving offences under several sections of the B.N.S. and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. He claimed to have a clean record and alleged that the informant’s complaint was false, arising from a monetary dispute between his friend Pintu Manjhi and the informant. The Special Public Prosecutor argued that notice of the appeal had been validly served despite the respondent’s non‑appearance. The High Court examined the validity of the notice, the factual matrix of the alleged incident, and the appellant’s claim of false implication. Finding merit in the appellant’s contentions, the Court set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the notice of appeal was validly served on the respondent.
  • Whether the appellant is entitled to anticipatory bail despite the serious charges under the B.N.S. and SC/ST Act.
  • Whether the appellant was falsely implicated in the offences.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • criminal procedure
  • bail
  • false implication
  • service of notice

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4751 of 2025
                       Arising Out of PS. Case No.-39 Year-2025 Thana- MAHILA PS District- Gaya
                 ======================================================
                 Sukhdev Yadav @ Bhaglu Yadav S/O Late Ram Baran Yadav @ Late Badhan
                 Yadav Resident of Village - Tekuna, P.S. - Bodhgaya District-Gayaji.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Mamta Devi w/o Late Umesh Manjhi R/o Village Kachanpur, P.S.
                 Bodhgaya, District- Gayaji.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Ajit Ranjan Kumar
                 For the Respondent/s    :        Ms.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-04-2026                 1. Heard learned counsel for the appellant and the

                   learned Special Public Prosecutor for the State.

                               2. The appellant has challenged the order dated

                   18.10.2025 passed by the learned Exclusive Special Judge,

                   SC/ST (POA) Court, Gayaji in connection with ABP No.265 of

                   2025 arising out of Mahila P. S. Case No.39 of 2025, instituted

                   for the offences under Sections 126(2), 115(2), 74, 319(2),

                   318(4), 352, 3(5),of the B.N.S. and Sections 3(1)(r), 3(1)(s),

                   3(1)(w)(i), 3(2)(va) of the Scheduled Castes & Scheduled Tribes

                   (Prevention of Atrocities) Act, whereby his prayer for grant of

                   anticipatory bail has been rejected.

                               3. The learned Special P.P. submits that in compliance
Patna High Court CR. APP (SJ) No.4751 of 2025(4) dt.06-04-2026
                                             2/3




          of the order dated 23.02.2026, the S.S.P., Gayaji was informed

          about the pendency of the instant appeal and was requested to

          inform the respondent no.2 about the same. It is also submitted

          that respondent no.2, despite being aware that the instant appeal

          is pending, chooses not to appear and contest.

                       4. In view of the submissions made by learned

          Special P.P. the notice is deemed to be validly served.

                       5. The learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and the informant alleges that on 21.07.2025 at about

          8.00 A.M. she went for asking the due amount of Rs.14,000/-

          from the accused persons i.e. her brother in-law Pintu Manjhi,

          sister in-law Malti Devi and petitioner on which they started

          abusing and appellant assaulted and abused her by caste name.

                       6. The learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that date of occurrence is

          21.07.2025 and the FIR came to be instituted on 29.07.2025. It

          is next submitted that appellant is friend of Pintu Manjhi who is

          brother in-law of the informant and are having dispute relating

          to money, since appellant supports Pintu and Malti, hence he

          also came to be implicated with general and omnibus allegation.
               Patna High Court CR. APP (SJ) No.4751 of 2025(4) dt.06-04-2026
                                                            3/3




                         It is next submitted that this perhaps explains why appellant

                         despite receiving notice chooses not to appear and contest.

                                      7. The learned Special P. P. opposes the bail

                         application.

                                      8. Regard being had to the aforesaid submissions, the

                         order dated 18.10.2025 is set-aside.

                            9.                    The appeal stands allowed.

                                      10.                 The appellant, above-named, in the

                         event of his arrest or surrender before the learned Court below

                         within a period of six weeks, is directed to be released on bail

                         on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees

                         Five Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Exclusive Special Judge, SC/ST (POA)

                         Court, Gayaji in connection with ABP No.265 of 2025 arising

                         out of Mahila P. S. Case No.39 of 2025, subject to the

                         conditions laid down under Section 482(2) of the BNSS.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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