Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.514 of 2025 Arising Out of PS. Case No.-569 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Ashish Yadav S/o Late Indradev Yadav @ Late Inderdev Yadav R/o VillageKathadih, PS- Fatehpur, District- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Renu Devi W/o Bhusan Ravidas R/o vill - Kathadih, P.S.- Fatehpur, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Kumar Mishra, Advocate For the State :

Mr. Binay Krishna, Spl. P.P.

For the Informant :

Mr. Ujjawal Kumar Singh, Advocate Ms. Jyoti Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-11-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and Mr. Ujjawal Kumar Singh, counsel for the informant.

2. The counsel appearing for the informant is insisting that the Court should see the photograph of the injured victim when the Court was going to rely on the Injury Report.

3. This kind of practice is not appreciated by this Court.

4. This appeal has been preferred against the order dated 10.12.2024, passed by the learned Exclusive Special Judge, S.C./S.T., Gaya, in connection with A.B.P. No. 364 of 2024, arising out of Fatehpur P.S. Case No. 569 of 2024,

Patna High Court CR. APP (SJ) No.514 of 2025(3) dt.13-11-2025 2/3 registered for the offences under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(i)(r)(s) and 3(2)(v) of the S.C./S.T. (Prevention of Atrocities) Act, by which the prayer for anticipatory bail of the appellant was rejected.

5. As per the prosecution case, the allegation against the appellant is that he assaulted the victim and abused him by taking his caste name.

6. Learned counsel for the appellant submits that a false and frivolous case has been instituted against the appellant. It is contended that the Injury Report indicates only simple injury. It is further argued that no offence under the provisions of the S.C./S.T. (Prevention of Atrocities) Act is made out against the appellant.

7. The counsel for the informant has vehemently opposed the prayer for anticipatory bail as noted above.

8. From a plain reading of the F.I.R., it does not appear that the alleged occurrence was committed against the informant on the ground of her belonging to the S.C./S.T. community.

9. In these circumstances, this application for grant of anticipatory bail is held to be maintainable.

Patna High Court CR. APP (SJ) No.514 of 2025(3) dt.13-11-2025 3/3

10. Considering the rival submissions of the parties and upon perusal of the record, this appeal is allowed, and accordingly, the order dated 10.12.2024, passed by the learned Exclusive Special Judge, S.C./S.T., Gaya, in connection with A.B.P. No. 364 of 2024, arising out of Fatehpur P.S. Case No. 569 of 2024, is hereby set aside.

11. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, S.C./S.T., Gaya / concerned court below, in connection with Fatehpur P.S. Case No. 569 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sandeep Kumar, J) Neha/- U T