Ramshwruf Yadav @ Ramshwrup YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5337 of 2024
                       Arising Out of PS. Case No.-15 Year-2015 Thana- HALSI District- Lakhisarai
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           1.     Ramshwruf Yadav @ Ramshwrup Yadav S/o- Late Janki Yadav Village-
                  Halsi Ps- Halsi Dist- Lakhisarai
           2.    Dinesh Yadav S/o- Ramshwrup Yadav Village- Halsi Ps- Halsi Dist-
                 Lakhisarai
           3.    Jai Ram Yadav S/o- Ramshwrup Yadav Village- Halsi Ps- Halsi Dist-
                 Lakhisarai
           4.    Chhotu Yadav @ Randhir Yadav S/o- Ramshwrup Yadav Village- Halsi Ps-
                 Halsi Dist- Lakhisarai
                                                                    ... ... Appellant/s
                                               Versus
           1.    The State of Bihar
           2.     Munma Devi W/o- Ladoo Rajak Village- Rata Ps- Halsi Dist- Lakhisarai
                                                                       ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s     :         Mr. Sanju Singh
                 For the Respondent/s    :         Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   27-04-2026                 1. Heard learned counsel for the appellants and the

                   learned Special P.P. Mr. Binay Krishna 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 19.10.2024 passed by the learned District and

                   Additional Sessions Judge-1-cum-Special Judge, SC/ST Act,

                   Lakhisarai, in Halsi P.S. Case No.15/2015, registered under

                   Sections 341, 323, 354, 504, 448, 379, 34 of the Indian Penal

                   Code and Sections 3(x) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.5337 of 2024(4) dt.27-04-2026
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                       3. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and the informant

          alleges that all the accused persons on 31.01.2015 entered her

          house and assaulted her and her daughter-in-law and snatched

          ear-ring.

                       4. Learned counsel submits that appellants have been

          falsely implicated in the instant case by the informant. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that no offence under the SC/ST Act is

          made out. It is also submitted that even presuming what has

          been alleged is true without admitting then allegation of assault

          is not specific rather is general and omnibus in nature and

          snatching of ear-ring is ornamental and the occurrence is alleged

          to have taken place inside the house of the informant, hence was

          not in public view, as such notice under section 41(A) Cr.P.C.

          was given to the appellants and appellants cooperated in the

          investigation but then charge sheet came to be submitted based

          on which cognizance was taken, thus appellants apprehend

          arrest. It is further submitted that since police during the course

          of investigation never felt the need of arresting the appellants

          whether it would be prudent for the court to send the appellants

          to jail merely because charge sheet came to be submitted and
           Patna High Court CR. APP (SJ) No.5337 of 2024(4) dt.27-04-2026
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                     cognizance has been taken, more so when allegations are

                     general and omnibus in nature and was not committed in public

                     view.

                                  5. Learned Special Public Prosecutor opposes the

                     appeal.

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

                     court was inclined to release the appellants on anticipatory bail

                     but since charge sheet has been submitted as such the appeal is

                     disposed of with a direction to the appellants to surrender before

                     the learned trial court on 11.05.2026, in the event if the

                     appellants surrender before the learned trial court on

                     11.05.2026, in that event, the learned trial court shall consider

                     and dispose of the case on the same day keeping in mind the

                     fact that allegations as alleged in the FIR are general and

                     omnibus in nature and the occurrence was not committed in

                     public view and the police during the course of investigation

                     never felt the need of arresting the appellants.

                                  7. Accordingly, the appeal stands disposed of.



                                                (Satyavrat Verma, J)
amit/-
U      T