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Patna High Court

BHEEM YADAVversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is granted to appellant no.2 but denied to appellant no.1.

Summary

The appeal challenged a lower court order that denied anticipatory bail to Bheem Yadav and Arjun Yadav, who were charged under several IPC sections and the SC/ST Act for alleged molestation, assault, and caste-based abuse. The prosecution alleged that appellant 1 molested the informant's daughter and both appellants assaulted the informant and his wife using caste slurs. The appellants contended they were innocent, argued the allegations were vague, and highlighted their clean antecedents. The High Court found the accusations against appellant 1 sufficiently serious to deny bail, but, considering appellant 2's clean record, ordered bail on condition of surrender within eight weeks and posting of bond. Consequently, the appeal was allowed for appellant 2, the lower court's order was set aside for him, and the appeal was disposed.

Issues considered

  • Whether anticipatory bail should be granted to appellant no.1 under the charges of molestation, assault and caste-based offences.
  • Whether anticipatory bail should be granted to appellant no.2 given the nature of the accusations and his clean antecedent.
  • Whether the allegations under the SC/ST (Prevention of Atrocities) Act are sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • SC/ST Act
  • assault
  • molestation
  • caste discrimination
  • bail conditions
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.955 of 2024
                       Arising Out of PS. Case No.-132 Year-2023 Thana- DURAULI District- Siwan
                 ======================================================
           1.     Bheem Yadav Son Of Ramnath Yadav Resident Of Village - Rampur, Police
                  Station - Darauli, District - Siwan
           2.    Arjun Yadav Son Of Ramnath Yadav Resident Of Village - Rampur, Police
                 Station - Darauli, District - Siwan

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Dhengar Manjhi Son Of Late Hita Manjhi Resident Of Village - Rampur,
                 Police Station - Darauli, District - Siwan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Sailendra Kumar Dwivedi, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   02-04-2026                   Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel for the appellants and the

                   State.

                               3. This appeal has been filed against the order dated

                   09.01.2024 passed by learned 1st Additional District & Sessions

                   Judge-cum-Special Court, Siwan in ABP No. 2844 of 2023

                   arising out of Darauli P.S. Case No. 132 of 2023, registered

                   under Sections 341, 323, 324, 354, 379, 504, 506 of the Indian

                   Penal Code and Section 3(1)(r)(s) of Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.955 of 2024(5) dt.02-04-2026
                                             2/3




          prayer for anticipatory bail of appellants has been rejected.

                       4. As per prosecution case, appellant no. 1 molested

          and misbehaved with the daughter of informant. When

          informant went to confront, all the F.I.R. named accused

          persons, including appellant no. 2 abused him by caste name

          and assaulted informant and his wife.

                       5. Learned counsel for the appellants submits that

          appellants are innocent and have committed no offence.

          Allegation of assault is general and omnibus. There is no

          allegation of any specific overt act against these appellants. It is

          not the case of informant that any member of public was present

          at the alleged place of occurrence and as such, no case under

          SC/ST Act is made out against the appellants. Appellants claim

          clean antecedent.

                       6. Learned Spl. Public Prosecutor appearing for the

          State vehemently opposes the prayer for bail application and

          submits that there is specific accusation that appellant no. 1

          molested and misbehaved with the daughter of informant.

                       7. Considering the nature and gravity of accusation, I

          do not find any ground to interfere with the order of the learned

          court below with regard to appellant no. 1 and as such, the

          appeal, which has been filed for grant of anticipatory bail, is
              Patna High Court CR. APP (SJ) No.955 of 2024(5) dt.02-04-2026
                                                           3/3




                        hereby rejected with regard to appellant no. 1.

                                     8. Considering the nature of accusation and clean

                        antecedent, let the appellant no. 2, as named above, in the event

                        of his arrest/surrender within a period of eight weeks from

                        today, be enlarged on bail on furnishing bail-bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned 1st Additional District &

                        Sessions Judge-cum-Special Court, Siwan in ABP No. 2844 of

                        2023 arising out of Darauli P.S. Case No. 132 of 2023.

                                     9. Accordingly, this criminal appeal is allowed with

                        regard to appellant no. 2 and impugned order dated 09.1.2024 is

                        set aside with respect to this appellant only.

                                     10. This appeal is, accordingly, disposed of.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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