Tiger Yadav @ Taigar Yadav @ Tigar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1195 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Tiger Yadav @ Taigar Yadav @ Tigar Yadav S/O Prabhu Yadav @ Prabhunath Yadav (Wrongly stated age in FIR as 40)Resident of Village - Sipaya Khash, P.S. - Bishambharpur, District - Gopalganj ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ravish Chandra Manjhi S/O Sriram Nath Manjhi Resident of Village - Sipaya Khash, P.S. - Bishambharpur, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pritish Ranjan, Advocate For the State :

Ms. Usha Kumari 1, SPP For the Informant :

Mr. Md. Shahsukh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 11-02-2025 passed by learned Additional Sessions Judge-XI-cum-Exclusive Special Judge, Gopalganj whereby the prayer for bail of the appellant in connection with Vishambharpur PS Case No. 02 of 2025 instituted under Sections 126(2), 115(2), 109, 117(2), 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r), 3(1)(s) & 3(2)(va) of SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.1195 of 2025(3) dt.15-05-2025 2/3 3.

Prosecution case, in short, is that on 01.01.2025, while informant was going to buy mutton, the accused persons, including the appellant, surrounded and assaulted him, hurling caste-based abuses. When his mother and brother intervened, they too were beaten, and his mother sustained serious head injuries, leading to her hospitalization.

4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Appellant is named in the FIR and there is no specific allegation against the appellant and the same is attributed to Prabhu Yadav and Vishal Yadav. There is general and omnibus allegation against the appellant. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 12-01-2025 and has one criminal antecedent.

5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant. It is contended that all the accused persons including

Patna High Court CR. APP (SJ) No.1195 of 2025(3) dt.15-05-2025 3/3 the appellant assaulted injured due to which they sustained grievous injury. Hence, the appellant does not deserve the privilege of bail.

6.

Considering the aforesaid facts and circumstances of the case, there being allegation of assault against the appellant and the injury is found to be grievous in nature, this Court is not inclined to grant bail to the appellant. Appeal is accordingly dismissed.

7.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

8.

However, appellant will be at liberty to renew his prayer for bail in the court below if the trial is not concluded within a period of six months from today.

(Rudra Prakash Mishra, J) Raj Kishore/- U T