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Patna High Court

Bhim YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn after the court permitted the appellant to withdraw it.

Summary

The appellant, Bhim Yadav, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and related provisions for the alleged assault and death of his father. The informant’s FIR named other accused, and the wife of the deceased did not identify the appellant as a participant. The police investigation culminated in a final form exonerating the appellant, and no cognizance of the case had been taken. The appellant filed an appeal under Section 14(A)(2) of the SC/ST (POA) Act seeking anticipatory bail, which had been rejected by the Special Judge. The High Court, after hearing, allowed the appellant to withdraw the appeal and dismissed it as withdrawn.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 14(A)(2) of the SC/ST (POA) Act despite the rejection by the Special Judge.
  • Whether the appeal is maintainable when the investigating agency has filed a final form exonerating the appellant and cognizance has not been taken.
  • Whether the appellant may be permitted to withdraw the appeal.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (POA) Act
  • false implication
  • withdrawal of appeal
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5420 of 2024
                   Arising Out of PS. Case No.-297 Year-2024 Thana- LAURIA District- West Champaran
                 ======================================================
                 Bhim Yadav Son of Bhageshwar Yadav Village- Parari, Ps- Lauriya Dist-
                 West champaran
                                                                      ... ... Appellant/s
                                              Versus
           1.     The State of Bihar
           2.     Krishna Mahto son of Late Vinod Dhangar Village- Parari, Dhangar Toli, Ps-
                  Lauriya Dist- West champaran
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Sarvesh Kashyap, Advocate
                 For the Respondent/s    :        Mr.Sadanand Paswan, Spl. PP
                                                  Mr. Sajeev Kumar Srivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   13-01-2026              1.     Heard learned counsel for the appellant; learned

                   Spl. P.P. for the State, Sri Sadanand Paswan and learned counsel

                   appearing on behalf of the informant.

                            2.     This is an appeal under Section 14(A)(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 against the rejection of prayer for

                   anticipatory bail vide order dated 14.11.2024 passed by the

                   learned A.D.J. - 1st cum Special Judge, SC/ST (POA) Act,

                   Bettiah, West Champaran in A.B.P. No. 2259 of 2024 arising out

                   of Lauriya P.S. Case No. 297 of 2024 dated 01.09.2024

                   registered for the offences punishable under Sections 103(1)

                   read with Section 3(5) of the B.N.S. and under Section 3(2)(v)

                   of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.5420 of 2024(5) dt.13-01-2026
                                             2/4




                    3.    Learned counsel for the appellant submits that

          appellant has antecedent of five cases and the informant alleges

          that 31-8-2024, his father after having his dinner, was going to

          attend Janmastami pooja at 7:30 PM, when appellant, Sikandar

          along with five unknown accused intercepted him and started

          assaulting him and when 2-3 villagers came to save him, the

          accused persons also assaulted them, further the appellant

          assaulted his father by lathi causing injury all over his body,

          while Sikandar assaulted him by farsa causing injury on head,

          thereafter the villagers brought his father to hospital at Lauriya

          from where he was referred to GMCH Bettiah, where he died

          during the course of treatment.

                    4.    Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          appellant is not an eyewitness to the occurrence. It is further

          submitted that though it is alleged that 2-3 villagers came to

          save his father who were also assaulted by the accused persons,

          but the name of the villagers is also not disclosed in the FIR. It

          is also submitted that statement of the mother of the informant

          and wife of the deceased was recorded at para-18 of the case
Patna High Court CR. APP (SJ) No.5420 of 2024(5) dt.13-01-2026
                                             3/4




          diary, wherein she has stated that her husband on 31-8-2024,

          had gone to Baswari, where he was intercepted by five named

          accused persons who assaulted her husband causing injury

          leading to his death subsequently. It is next submitted that the

          wife of the deceased categorically stated that it were the accused

          persons namely, Asrafi Dangar, Dinesh Dangar, Ram Singh

          Danger, Aarti Devi and Naga Dangar who had assaulted her

          husband. It is thus submitted that when wife of the deceased had

          not taken the name of the appellant in the assault that amply

          demonstrates that informant for ulterior reasons implicated the

          appellant in the instant case despite being not an eyewitness to

          the occurrence nor disclosing in the FIR or in his subsequent

          statement that how he came to know that who assaulted his

          father. It is next submitted that Ram Babu Dangar had also

          instituted Lauria PS Case No. 296 of 2024 with respect to the

          same occurrence, but then in the said FIR it was not even

          remotely suggested that father of the informant was also

          assaulted. It is further submitted that the police after

          investigation came to a considered conclusion that appellant is

          innocent thus submitted final form exonerating the appellant of

          the allegation as alleged in the FIR and submitted final form No.

          108 of 2025. It is next submitted that cognizance till date has
              Patna High Court CR. APP (SJ) No.5420 of 2024(5) dt.13-01-2026
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                        not been taken, on which the learned counsel appearing on

                        behalf of the informant and the learned Spl. PP submits that

                        since final form has been submitted and cognizance till date has

                        not been taken hence appellant as of now does not have any

                        apprehension of arrest, as such the appeal is fit to be dismissed.

                                  5.    At this stage, the learned counsel for the appellant

                        seeks permission to withdraw the appeal with liberty to file

                        afresh if need arises.

                                  6.    Permission is accorded.

                                  7.    Accordingly, the appeal is dismissed as withdrawn.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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