Hareram Yadav @ Hareram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.582 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- SC/ST District- Rohtas ====================================================== 1.
Hareram Yadav @ Hareram Kumar Son of Ramashish Singh Yadav Resident of Village - Sikariyan, P.S. - Darigaon, District - Rohtas 2.
Anil Yadav Son of Ramashish Singh Yadav Resident of Village - Sikariyan, P.S. - Darigaon, District - Rohtas 3.
Golu Yadav @ Laljeet Yadav @ Laljeet Kumar @ Golu Kumar Son of Ramyas Yadav Resident of Village - Sikariyan, P.S. - Darigaon, District - Rohtas 4.
Ramjeet Yadav @ Ramjeet Kumar Son of Ramyas Yadav Resident of Village - Sikariyan, P.S. - Darigaon, District - Rohtas 5.
Tunu Kumar Son of Saheb Yadav Resident of Village - Sikariyan, P.S. - Darigaon, District - Rohtas 6.
Sonu Yadav @ Sonu Kumar Son of Saheb Yadav Resident of Village - Sikariyan, P.S. - Darigaon, District - Rohtas ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sanjay Ram Son of Shivpujan Ram Resident of Village - Basantpur, P.S. - Darigaon, District - Rohtas ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bipin Kumar, Advocate For the State :
Mr. Binay Krishna, Spl. P.P.
For the Informant :
Ms. Riya Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-11-2025 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the informant.
2. This appeal has been preferred against the order dated 15.01.2025, passed by the learned Additional District and Sessions Judge, XVII-cum-Special Judge, S.C./S.T. Act,
Patna High Court CR. APP (SJ) No.582 of 2025(4) dt.13-11-2025 2/3 Sasaram at Rohtas, in connection with Dehri S.C./S.T. P.S. Case No. 50 of 2024, registered for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 352 and 351(2) of the B.N.S., 2023 and Sections 3(i)(r)(s) and 3(2)(va) of the S.C./S.T. (Prevention of Atrocities) Act, by which the prayer for anticipatory bail of the appellants was rejected.
3. As per the prosecution case, the allegation against the appellants is that they assaulted the victim and abused him by taking his caste name.
4. Learned counsel for the appellants submits that the present case is a result of mala fide prosecution, as the incident arose out of a fight and no offence under the provisions of the S.C./S.T. (Prevention of Atrocities) Act is made out against the appellants.
5. Learned counsel for the informant has vehemently opposed the prayer for anticipatory bail.
6. From a perusal of the F.I.R., it does not appear that the alleged occurrence was committed against the informant on the ground that he belongs to the S.C./S.T. community.
7. In these circumstances, this application for grant of anticipatory bail is held to be maintainable.
8. Considering the rival submissions of the parties and
Patna High Court CR. APP (SJ) No.582 of 2025(4) dt.13-11-2025 3/3 upon perusal of the record, this appeal is allowed, and accordingly, the order dated 15.01.2025, passed by the learned Additional District and Sessions Judge, XVII-cum-Special Judge, S.C./S.T. Act, Sasaram at Rohtas, in connection with Dehri S.C./S.T. P.S. Case No. 50 of 2024, is set aside.
9. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XVIICum-Special Judge, S.C./S.T. (POA) Act, Rohtas at Sasaram / concerned Court below, in connection with Dehri S.C./S.T. P.S. Case No. 50 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 (B.N.S.S.). (Sandeep Kumar, J) Neha/- U T