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Patna High Court

Ramashray Yadav @ Hridyanandan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeals are allowed and the orders rejecting anticipatory bail are set aside, granting bail subject to conditions.

Summary

The appellants, Ramashray Yadav and his son Mukesh Kumar, were charged under IPC sections 420, 467, 468/34, Section 138 of the Negotiable Instruments Act and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act for allegedly taking money from a Scheduled Caste informant, promising a government job, issuing a forged appointment letter and issuing a bounced cheque, and for allegedly abusing the informant with caste slurs. The trial court rejected their anticipatory bail applications. On appeal, the Patna High Court examined the lack of documentary evidence of any payment, held that the alleged contract was immoral and not enforceable, noted that the offence under Section 138 NI Act is bailable, and found that the caste‑abuse allegation did not occur in a public place as required under the SC/ST Act. Consequently, the Court allowed the appeals, set aside the lower court orders, and granted anticipatory bail subject to conditions under Sections 438 and 482 of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the SC/ST (Prevention of Atrocities) Act and related offences.
  • Whether the alleged caste‑based abuse satisfies the public‑place requirement of the SC/ST Act.
  • Whether the offence under Section 138 of the Negotiable Instruments Act is bailable.
  • Whether the prosecution evidence is sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cheque bounce
  • fraud
  • caste abuse
  • bailable offence
  • CrPC
  • IPC
  • Negotiable Instruments Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.818 of 2025
                 Arising Out of PS. Case No.-493 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Ramashray Yadav @ Hridyanandan Singh Son of Ram Bachan Singh Village
                 -Leura , PS -Sasaram (M) , Dist- Rohtas

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Uma Shankar Ram Son of Sri Mandan Mohan Ram Village- karigaon,
                 Pusauli, Ps- Mohania, Dist- Kaimur

                                                           ... ... Respondent/s
                 ======================================================
                                                        with
                                 CRIMINAL APPEAL (SJ) No. 1338 of 2025
                 Arising Out of PS. Case No.-493 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Mukesh Kumar Son of Ramashray Yadav @ Hridyanandan Singh Village-
                 Leruan , PS -Sasaram , Dist -Rohtas

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Uma Shankar Ram Son of Sri Madan Mohan Ram Village -Karigaon ,
                 Pusauli , PS- Mohania , Dist -Kaimur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (SJ) No. 818 of 2025)
                 For the Appellant/s  :     Mr.Rajani Kant Singh
                 For the Respondent/s :     Mr.Syed Ashfaque Ahmad
                 (In CRIMINAL APPEAL (SJ) No. 1338 of 2025)
                 For the Appellant/s  :     Mr.Rajani Kant Singh
                 For the Respondent/s :     Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

7   25-02-2026                 Heard learned counsel for the appellants, learned

                   counsel for Respondent No. 2 as well as learned Special Public

                   Prosecutor appearing for the State.

                               2. Since both these appeals arise out of Complaint
Patna High Court CR. APP (SJ) No.818 of 2025(7) dt.25-02-2026
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          Case No. 23 of 2022, filed in the court of learned Chief Judicial

          Magistrate, Kaimur at Bhabhua, which was forwarded on

          22.08.2022 under Section 156(3) CrPC for being registered,

          came to be registered as Mohaniya P.S. Case No. 493 of 2022,

          on 07.09.2022 at 04:00 PM, hence, they are being heard

          together and are being disposed of by a common order.

                       3. These appeals under Section 14A(2) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989 are directed against the orders dated

          28.01.2025 and 21.02.2025 passed by learned Additional

          District and Sessions Judge, 1st-cum- Special Judge, Kaimur at

          Bhabua, in A.B.P. No. 1890 of 2024, A.B.P. No. 336 of 2025,

          respectively, in connection with Mohaniya P.S. Case No. 493 of

          2022, registered under Sections 420, 467, 468/34 of the I.P.C.,

          under Section 138 of the N.I. Act read with Sections 3(1)(r) of

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, whereby the prayer for grant of anticipatory bail

          of the appellants has been rejected.

                       4. As per the prosecution case, the informant has

          alleged that he is an unemployed literate person and belongs to

          the Scheduled Caste community and the appellant of Cr. Appeal

          (SJ) No. 1338 of 2025, namely, Mukesh Kumar, is son of
Patna High Court CR. APP (SJ) No.818 of 2025(7) dt.25-02-2026
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          appellant of Cr. Appeal (SJ) No. 818 of 2025, namely,

          Ramashray Yadav @ Hridyanandan Singh, was known to him

          from before and he had taken rupees one lakh for some urgent

          work on 25.06.2021 and 26.06.2021 with an assurance that the

          same will be returned to him within one month, however, the

          said amount was not returned, whereas Ramashray Yadav @

          Hridyanandan Singh, allured him for getting a job for him in his

          R.P.F. Department and took his educational certificates,

          photograph and Rs.15,000/-. Thereafter, after two months, the

          informant was told that the recruitment has been cancelled and

          on the pretext of his high links in the Patna Secretariat,

          Ramashray Yadav @ Hridyanandan Singh assured that he will

          get the informant recruited there on a Class IV post. It is alleged

          that thereafter, Ramashray Yadav @ Hridyanandan Singh sent

          an appointment letter to the informant through one Harendra

          Kumar and asked him to join in the Rural Works Department at

          Vishweshwaraiya Bhawan, Patna, by 24.09.2021, when the

          informant went to join, he came to learn that the said

          appointment letter was forged one and the informant asked the

          accused persons to return his total amount. Thereafter, it is

          alleged, that on 24.01.2022, Mukesh Kumar, handed over a

          cheque of his Kotak Mahindra Bank Account No. 4045303362
Patna High Court CR. APP (SJ) No.818 of 2025(7) dt.25-02-2026
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          for an amount of rupees one lakh, however, when the informant

          produced the said cheque for clearance at his Bank of Baroda

          Account at Barhuli Branch, the same was dishonored due to

          insufficient balance. Thereafter, it is alleged, the informant

          served legal notice to the accused persons, but there was no

          response to it, rather, on 30.01.2022, Mukesh Kumar, came on a

          motorcycle with one person of criminal background to his house

          and abused him by taking caste name and threatened that how

          come he dared to send a legal notice to him, he will ruin the

          whole family, somehow, on the intervention of the witnesses,

          the informant could be able to save his life.

                       5. Learned counsel appearing for the appellants

          submits that the appellants are innocent and have falsely been

          implicated in this case. It has further been submitted that the

          appellants have never taken any amount from the informant and

          hence the question of payment/non-payment of the said amount

          does not arise. Moreover, learned counsel for the appellants

          submits that the appellants have never lured the informant

          promising a government job. It has also been submitted that

          even accepting the allegation to be true although the appellants

          denied the same, it would apparently be a case that the

          informant has entered into an immoral contract, which is not
Patna High Court CR. APP (SJ) No.818 of 2025(7) dt.25-02-2026
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          enforceable in the eye of law, and the offence with respect to

          Section 138 of the N.I. Act is bailable in nature. As regards

          allegation of abuse with the caste name attracting the rigours of

          SC & ST Act is concerned, it is not committed in a public place

          nor any person has been named to be present at the place of

          occurrence when the alleged offence of abuse was being

          committed. Hence, the impugned order may be set aside and the

          appellants may be granted the privilege of anticipatory bail.

                       6. Learned Special Public Prosecutor for the State as

          well as learned counsel for the Respondent No. 2 has

          vehemently opposed the prayer for grant of anticipatory bail to

          the appellants and submitted that the appellants have lured the

          informant to provide a government job and the appellant

          Mukesh Kumar gave a cheque, which ultimately bounced.

                       7. Considering the entire facts and circumstances of

          the case and the fact that there is no documentary evidence to

          suggest that any money was given to the appellants and the

          informant has entered into an immoral contract and the offences

          with respect to Section 138 of the N.I. Act being bailable in

          nature and the allegation of abuse by caste name does not

          appear to be within public view, let the above named appellants

          in the event of their arrest/surrender within a period of six
              Patna High Court CR. APP (SJ) No.818 of 2025(7) dt.25-02-2026
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                        weeks be released on bail on furnishing bail bond of Rs.

                        10,000/- (Ten thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned Additional District

                        and Sessions Judge, 1st-cum- Special Judge, Kaimur at Bhabua,

                        in connection with           Mohaniya P.S. Case No. 493 of 2022,

                        subject to the conditions laid down under Section 482(2) of the

                        B.N.S.S/Section 438(2) of the Cr.P.C.

                                     8. Accordingly, the appeals are allowed and the

                        impugned orders dated 28.01.2025 and 21.02.2025 rejecting the

                        prayer for grant of anticipatory bail to the appellants are, hereby,

                        set aside.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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